🗽🤯 ASYLUM SEEKERS & OTHER REFUGEES ARE FORCED MIGRANTS WHO MAKE OUTSIZED CONTRIBUTIONS TO AMERCA ONCE ALLOWED TO WORK — They Can’t Understand Why Biden & Dems Are Abandoning Them By Giving In To GOP White Nationalists — Human Lives Shouldn’t Be Bargaining Chips! — Biden Vows To “Shut Down The Border,” But MAGAMike Says It’s “Not Enough” Cruelty,🏴‍☠️ As “Bipartisan Race To The Bottom” 🤮 Heats Up & Media Suffers Amnesia! 🤕

Border Death
Human lives and human dignity at our border have become mere “bargaining chips” and “collateral damage” to cowardly negotiators of both parties. Will history hold them accountable for their outrageous and immoral conduct? This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
n order to comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://www.nytimes.com/2024/01/23/us/politics/parole-immigration-biden-congress.html?smid=nytcore-ios-share&referringSource=articleShare

Zolan Kanno-Youngs reports for the NYT:

Artem Marchuk needed to escape Ukraine or die. He didn’t see any other options.

He and his wife and children had been living in Bakhmut, the site of the war’s deadliest battle. Even when they made it out of the city, nothing in Ukraine felt safe.

“My kids were very hungry,” Artem’s wife, Yana, said in an interview from the family’s home in Baltimore, where the U.S. government resettled them in 2022. “There was darkness everywhere.”

The Marchuks are among more than a million people whom the Biden administration has allowed into the United States over the past three years under an authority called humanitarian parole, which allows people without visas to live and work in the United States temporarily. Parole has been extended to Ukrainians, Afghans and thousands of people south of the U.S.-Mexico border fleeing poverty and war.

Now the program is at the heart of a battle in Congress over legislation that would unlock billions of dollars in military aid for some of President Biden’s top foreign policy priorities, such as Ukraine and Israel.

Republicans want to see a severe crackdown on immigration in exchange for their votes to approve the military aid — and restricting the number of people granted parole is one of their demands.

For Mr. Marchuk, the fact that a program that saved his family has become a bargaining chip on Capitol Hill feels wrong. Although the latest version of the deal would mostly spare Ukrainians seeking parole, he feels a deep sense of solidarity with other people — regardless of their nationality — who may be left behind if Congress imposes limits on the program.

Americans, he said, should welcome people like his family. Mr. Marchuk, a former technology in Ukraine, said he has found work helping other refugees with the advocacy organization Global Refuge, as well as driving for DoorDash, UPS and Amazon since he arrived in Baltimore.

“Refugees deliver these packages,” said Mr. Marchuk, 36. “American citizens who have an education,” he said, very often don’t want to work as drivers.

. . . .

The particulars of the deal in Congress are still being negotiated. A deal that is being discussed in the Senate seeks to reduce parole numbers by tightening immigration enforcement at the southern border.

That would not have a direct impact on the route that many Ukrainians took to America, since they generally do not arrive by the southern border. (Some Ukrainians do make it to the United States that way, however.)

But there is still deep uncertainty about whether the program will survive without changes.

Even some congressional Democrats who oppose substantially changing the parole program have acknowledged they may need to give in to some Republican demands to limit the program if they have any chance of passing the military aid package.

. . . .

As lawmakers debate the merits of the parole program, some immigrants in the United States say all the political talk glosses over the calamities in their home countries.

“People are dying left and right, being kidnapped and it’s just impossible,” said Valerie Laveus, who came to America from Haiti nearly 20 years ago and became a naturalized U.S. citizen in 2008. “I am concerned because I feel like a lot of times these people are having these conversations and they’re forgetting the human factor. They’re forgetting that they’re talking about lives.”

. . . .

Mr. Biden’s allies say restricting use of parole would very likely backfire.

“It means that people in desperate circumstances, who need protection, who need to leave, who need to flee, their options will be more limited, which increases the likelihood they choose the dangerous option of coming to the border,” said Cecilia Muñoz, one of Mr. Biden’s top immigration officials during the transition and co-chair of Welcome.US, an organization that helps Americans sponsor the resettlement of refugees to the United States.

Karoun Demirjian contributed reporting.

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

Notably, according to this article, Congress appears ready to carve out a “White Guy Exception” for Ukrainians arriving from Europe. So much for the idea that current immigration policy by both parties isn’t “race driven” — with Hispanics and Blacks generally on the short end of the stick. 

Remarkably none of the politicos “negotiating” away the lives of others have the guts to bear witness to the human pain, misery, torture, and death they are about to inflict on those seeking refuge at our Southern Border. The GOP recently did a disgusting “dog and pony” show at the border, but refused to meet, despite requests, with their intended human victims, those assisting them, and local humanitarian religious groups and NGOs. See https://immigrationcourtside.com/2024/01/11/%e2%9a%96%ef%b8%8f-expert-to-congress-fix-your-border-mess-stop-picking-on-asylum-applicants-ruth-ellen-wasem-the-messenger-do-they-really-think-that-raising-the-bar-will-dete/.

By contrast, high level politicos of the Biden Administration and Congressional Dems avoid the border like the plague, except for the few who represent border districts. They are not that much different from GOP nativists. They refuse to engage with border experts, those who have devoted their lives to assisting forced migrants at the border, and the migrants themselves, who certainly will face severe harm, even death, due to the cowardly “sellout” by Congressional Dems and the Administration.

Let’s be very clear about the documented consequences of eliminating asylum at the border:

NEW YORK – With Congress considering codifying additional policies that will trap asylum seekers in Mexico, Human Rights First today reports that it has tracked over 1,300 reports of torture, kidnapping, rape, extortion, and other violent attacks on asylum seekers and migrants stranded in Mexico since the administration’s asylum ban was enacted in May.  

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwifws7dj_yDAxUSEVkFHUZmC50QFnoECA0QAw&url=https%3A%2F%2Fhumanrightsfirst.org%2Flibrary%2Fhuman-rights-first-details-violence-against-asylum-seekers-at-u-s-border%2F%23%3A~%3Atext%3DNEW%2520YORK%2520%25E2%2580%2593%2520With%2520Congress%2520considering%2Cstranded%2520in%2520Mexico%2520since%2520the&usg=AOvVaw0Q1cbvPBwyaGST5Aww5e_z&opi=89978449

Basically, those pushing to appease the GOP White Nationalist restrictionists at the border are knowingly and intentionally advocating for deadly human rights violations! How is that acceptable?

Foreign-born workers consistently have a higher labor market participation rate than native-born workers. https://usafacts.org/articles/how-many-immigrants-are-in-the-american-workforce/. Consequently, there is little reason to doubt that new waves of migration ultimately will benefit the U.S., particularly the many U.S. cities, large and small, in danger of depopulation and “death.” Ironically, many of the localities with the most to gain from robust migration are in “red” states. https://apple.news/AQkO0JQjKS9aXF-V-RD9-_Q

Instead of planning to avoid these “ghost towns,” using the influx of individuals who seek to help us as an opportunity, we’re “strategizing” and spending huge amounts of money expelling, “deterring,” imprisoning, rejecting, dehumanizing, and even killing those who seek refuge!

There are legitimate issues as to how to “front” services for asylum seekers until they can obtain work authorization and find jobs. THIS, is where bipartisan cooperation, creative solutions, and resources could be focused, rather than exclusively on counterproductive and expensive gimmicks to punish, deter, and deny. But, there’s no chance of that!

Instead, in an example of how far the one-sided debate has departed from reality and human decency, Biden now vows to “shut the border” if Congress will only give him the authority! https://www.washingtonpost.com/politics/2024/01/26/biden-vows-shut-down-an-overwhelmed-border-if-senate-deal-passes/. But, that’s apparently not enough cruelty and xenophobia for MAGAMike and his White Nationalist insurrectionists! They seek eradication of the lives and humanity of anybody with the temerity to seek refuge in the U.S. 

Lost in this latest burst of bipartisan xenophobia are the “Dreamers” who are part of our nation’s future. https://www.washingtonpost.com/opinions/2024/01/26/congress-border-deal-daca-immigration-dreamers/. Although already contributing mightily to our nation’s success, they too are victims of the political cowardice and dehumanization that is now par for the course on both sides of the aisle.

And so it goes, ever onward and downward. The media has developed amnesia on the well-documented unmitigated disaster and cascade of human suffering that our nation’s most recent border shutdown generated. As stated by expert Aaron Reichlin-Melnick on “X:”

Will the DC press (not those on the immigration beat) continue to ignore the fact that the last time we “shut down the border” under Title 42, it did not work and in fact led to 15 out of 20 of the highest months for border apprehensions in the 21st century?

We don’t know yet who the “winners” of the 2024 election will be, other than traffickers, cartels, exploiters, private prison corporations, undertakers, and body bag makers! But, we already know the “losers:” asylum seekers, Dreamers, human rights, persons of color, and those brave souls who continue to stand up for truth and equal justice for all!

Dem politicos and the Administration seem to be counting on the view that the Trump GOP is so horrible and antithetic to democracy that Dems can afford to dehumanize migrants, ignore their supporters, and break campaign promises without consequences. Just what they are getting in return isn’t obvious. From an immigrants rights’ and humanitarian standpoint, it’s “zilch.”

With Dems supposedly in charge of the Presidency and the the Senate, why are they ready to gift GOP restrictionists with what many have characterized as a “generational chance” to destroy asylum, hamstring legal immigration avenues, and squander even more money on hyper-cruel, race-driven, “sure to fail” border militarization and human rights violations?

Talk about “selling your soul!” That appears to have become the Democrats’ mantra in 2024. Whether it will prove a successful political strategy, remains to be seen!

🇺🇸 Due Process Forever!

PWS

01-26-24

🤯 DEBUNKING THE MYTHS: GOP CLAIMS BIDEN DOESN’T ENFORCE IMMIGRATION LAWS — FACT: WITH 9 MONTHS TO GO IN FY 2024, BIDEN HAD ALREADY INITIATED MORE EOIR CASES THAN TRUMP DID IN ANY FULL YEAR OF HIS TENURE! — Latest TRAC Report!

Pinocchio @ ICE
Meet the chief spokesman for the GOP’s nativist immigration agenda!                                    Creative Commons License

https://lnkd.in/gsyGuv_s

As of December 31, 2023, only the first quarter of FY 2024, the Biden Administration had already initiated 696,400 cases at EOIR. That’s more than the highest FULL FY (12 mo.) of the Trump Administration, 2019, in which 694,771 cases were started. 

Moreover, in FY 2023, Biden filed an astounding 1,485,769 cases, more than twice the number that Trump did in FY 2019. Biden’s numbers in FY 2023 topped Trump’s other three years (278,218; 356,034; 216,589) BY MULTIPLES. In fact, Biden instituted approximately as many Immigration Court cases in FY 2023 as Trump did in his entire FOUR YEARS and is on a path to greatly exceed his 2023 total in FY 2024!

So the Trump/GOP blather about Biden not enforcing immigration laws is complete BS!

Biden’s muscular immigration enforcement efforts give lie to the GOP’s “open borders” claims, a point seldom made by the “mainstream media.” But, such over the top enforcement is NOT necessarily good news for America. 

Even with more Immigration Judges under Biden — going on 700 — the annual decision-making capacity at EOIR is somewhere between 350,000 to 550,000. So, the Immigration Courts will not come close to keeping up with the flow of incoming cases, let alone reducing the backlog that has now mushroomed to more than 3,000,000.

There is no apparent plan for controlling the EOIR backlog and improving the much-criticized quality of decisions, which disproportionately harms legal asylum seekers of color while often adding to the backlog when rejected on review. That makes the Administration’s institution of new cases on a level guaranteed to create additional backlog appear irresponsible.

Moreover, it hasn’t helped that Attorney General Garland ignored pleas from most experts to make EOIR reform one of his highest, ideally his highest, national priority. Nor has Congress paid much attention to the glaring, chronic dysfunction at EOIR, despite pending legislation to create an Article I Immigration Court!

Biden is following in the footsteps of his Dem predecessors Obama and Clinton. In their initial election campaigns they “played to their base” by criticizing harsh GOP enforcement policies and extolling the benefits of immigration. Once in office, however, they became convinced that their credibility, and perhaps manhood, depended on out-enforcing and “out-crueling” their GOP predecessors.

Of course, this naive approach never produces the apparently desired result: That the GOP will acknowledge that Dems are serious about enforcement and strike the long needed “grand bargain” on immigration reform. 

Predictably, that always backfires. The GOP just keeps repeating their “open borders” big lies, and the mainstream media provide little, if any, critical analysis or pushback. As long as kids aren’t being proudly exhibited in cages, the “mainstreams” quickly lose interest in the suffering, dehumanization, and death piling up on both sides of the border and in the “New American Gulag” as a result of the disastrously (and predictably) failed “enforcement-only” approach. 

What Biden’s effort to “out-Trump Trump” REALLY shows is that more enforcement and attempting to use anti-immigrant legal decisions and a hopelessly backlogged adjudication system that keeps legal asylum seekers waiting indefinitely with a significant chance of wrongful denial if and when they are reached as a “deterrent,” doesn’t work, and in fact never has worked!

What’s needed is actually painfully obvious: A balanced approach that combines a properly generous asylum adjudication system, more avenues for legal immigration (both permanent and temporary), and an independent, functioning, expert, due-process oriented Immigration Court with reasonable, targeted, humane enforcement. That’s a message that both parties and the mainstream media are ignoring, to our national detriment. Too many Americans seem to have forgotten that in the process of dehumanizing and demonizing “the other” we degrade ourselves.

Or, put another way, we can diminish ourselves as a nation, but it won’t stop human migration!

🇺🇸 Due Process Forever!

PWS

01-23-24

🤯 MORE GOP BORDER BS EXPOSED: TRUMP’S “NEW AMERICAN GULAG:” ☠️ Incredibly Expensive, Intentionally Cruel, Basically Ineffective!

David J. Bier
David J. Bier
Associate Director of Immigration Studies
Cato Institute
PHOTO: Cato Institute

https://www.cato.org/blog/trumps-detention-surge-failed-significantly-increase-removals

David J. Bier writes for Cato Institute:

President Biden is asking Congress for $13.6 billion to fund border enforcement operations, a significant portion of which will go to Immigration and Customs Enforcement (ICE) to detain more immigrants. This strategy is reminiscent of President Trump’s administration, which also poured resources into ICE detention in 2018 and 2019, but that effort produced very little change in the number of ICE removals—the stated goal for both Trump and Biden.

. . . .

In fact, President Biden is proposing to increase ICE detention by only 9,000 beds, from the current 37,000 to 46,000. The federal government should detain and deport individuals who pose national security and public safety threats to the United States, but it should not spend taxpayer dollars on useless anti‐ immigrant theater. Moreover, the Department of Homeland Security’s Office for Civil Rights and Civil Liberties has found that ICE detention sites routinely mistreat their detainees in ways that are “barbaric,” and there is no reason to expose anyone unnecessarily to this type of treatment.

A more effective approach to address the border issue is to facilitate legal immigration: let people come legally. This approach has been demonstrated to work, would reduce government expenditures, and make the immigration process more orderly.

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

Read David’s full article, with charts and data, at the above link.

As David points out, the  “New American Gulag” is bad for our nation and humanity. Unhappily, though, it’s good for the corporations who run private prisons. They also provide jobs in out of the way places where migrants are stashed. And, they contribute money and lobby politicos of both parties. That’s why human rights lose out almost every time in the immigration debate. 

Immigration enforcement is an “industry” where failure = success! The more detention, apprehension, and deportation fail, the greater demand there is by politicos for more of it!

You can bet that when the coming waves of “enhanced” repression and human rights violations predictably fail, there will be demands for even harsher and more expensive enforcement, imprisonment, and deportations to deadly places!

It’s a dangerous, degrading, wasteful cycle that America just can’t seem to break. There are too many interests that see the human and fiscal misery of the “Gulag” as a profit center or a political advantage and therefore are disinterested in what works or the common good.

Bullying
Even some Dems find that joining the white nationalist bullies in degrading and dehumanizing migrants of color is a “better political strategy” than standing up for the human rights of those who can’t vote!
Bully – The Noun Project icon from the Noun Project
Date 18 December 2017
This file is made available under the Creative Commons CC0 1.0 Universal Public Domain Dedication

As my friend Dan Kowalski often says, “the cruelty is the point.” Dehumanization, degradation, and gratuitous abuse of migrants of color is both highly profitable and politically advantageous for those on the right. So much so, that often even Democrats and some so-called “liberals” are afraid to oppose it and find their best “strategy” is to align with or enable the playground bullies! After all, they figure, it’s “only migrants from s—-hole countries whose lives and humanity are at stake.” Nothing to be gained from defending vulnerable persons!

🇺🇸 Due Process Forever!

PWS

01-22-24

🗽⚖️ AS CONGRESS & ADMINISTRATION DITHER OVER GOP’S OUTRAGEOUS NATIVIST DEMANDS, LONG OVERDUE DUE PROCESS & STRUCTURAL REFORMS LANGUISH, LEAVING ASYLUM-SEEKING REFUGEES TWISTING IN THE WIND! — A Report On The Ever Growing EOIR Backlog From AP’s Giovanna Dell’Orto!

Giovanna Dell’Orto!
Giovanna Dell’Orto
Journalist, Global Region
Associated Press
PHOTO: X.com

 

Giovanna writes:

https://apnews.com/article/immigration-asylum-border-courts-deportation-miami-56098ced64bf136172f0224113dabeb6

BY GIOVANNA DELL’ORTO

Updated 8:32 AM EST, January 15, 2024

Share

MIAMI (AP) — Eight months after crossing the Rio Grande into the United States, a couple in their 20s sat in an immigration court in Miami with their three young children. Through an interpreter, they asked a judge to give them more time to find an attorney to file for asylum and not be deported back to Honduras, where gangs threatened them.

Judge Christina Martyak agreed to a three-month extension, referred Aarón Rodriguéz and Cindy Baneza to free legal aid provided by the Catholic Archdiocese of Miami in the same courthouse — and their case remains one of the unprecedented 3 million currently pending in immigration courts around the United States.

Fueled by record-breaking increases in migrants who seek asylum after being apprehended for crossing the border illegally, the court backlog has grown by more than 1 million over the last fiscal year and it’s now triple what it was in 2019, according to government data compiled by Syracuse University’s Transactional Records Access Clearinghouse.

Judges, attorneys and migrant advocates worry that’s rendering an already strained system unworkable, as it often takes several years to grant asylum-seekers a new stable life and to deport those with no right to remain in the country.

. . . .

Experts like retired judge Paul Schmidt, who also served as government immigration counsel while the last major reform was enacted nearly forty years ago, say the broken system can only be fixed with major policy changes. An example would be allowing most asylum cases to be solved administratively or through streamlined processes instead of litigated in courts.

“The situation has gotten progressively worse since the Obama administration, when it really started getting out of hand,” said Schmidt, who in 2016, his last year on the bench, was scheduling cases seven years out.

. . . .

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

At the above link, read Giovanna’s excellent full article, based on interviews with those who actually are involved in trying to make this dysfunctional system function. Thanks, Giovanna, for shedding some light on the real, potentially solvable, “human rights crisis” enveloping and threatening the entire U.S. legal system. Contrary to “popular blather,” fulfilling our legal obligations to refugees is not primarily a “law enforcement” issue and won’t be solved by more border militarization and violations of individual rights of asylum seekers and other migrants!

There are lots of ways to start fixing this system! Gosh knows, most of them have been covered here on Courtside, sometimes several times, and they are all publicly available on the internet with just a few clicks. See, e.g., 

https://immigrationcourtside.com/2024/01/11/%e2%9a%96%ef%b8%8f-expert-to-congress-fix-your-border-mess-stop-picking-on-asylum-applicants-ruth-ellen-wasem-the-messenger-do-they-really-think-that-raising-the-bar-will-dete/

https://immigrationcourtside.com/2023/12/19/%e2%9a%96%ef%b8%8f%f0%9f%a4%af%f0%9f%91%a9%f0%9f%8f%bd%e2%9a%96%ef%b8%8f%f0%9f%91%a8%f0%9f%8f%bb%e2%9a%96%ef%b8%8f-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

The “debate” on the Hill defines “legislative malpractice!” The voices of legal integrity, experience, and practicality aren’t being heard! Also, lots of great ideas from experts on fixing EOIR are stuffed in the “Biden Transition Team” files squirreled away in some basement cubbyhole at Garland’s DOJ.

But most politicos aren’t interested in listening to the experts, nor do they seem motivated to understand the real human problems at the border, in the broken Immigration Courts, and how many of the things they are considering will make the situation worse while empowering smugglers and cartels! Those are real human corpses piling up along the border, carried out of immigration prisons, being abused in Mexico, and floating in the river — mostly due to the brain-dead “enforcement only” policies now being given an overdose of steroids by congressional negotiators.

So, things just keep deteriorating. Many in the backlog who deserve a chance at a permanent place in our society, and the ability to contribute to their full abilities and potential, remain in limbo! That’s bad for them and for us as a society!

🇺🇸 Due Process Forever!

PWS

01-16-24

🗽⚖️🙋🏽‍♀️ MLK, JR. DAY 2024: THE UNREALIZED DREAM OF LIBERTY, JUSTICE, HUMANITY FOR ALL — WashPost Reader Jill McKibben Offers Reflections!

Dr. Martin Luther King, Jr. 1929|-1968 PHOTO: Nobel Foundation (1964), Public Realm
Dr. Martin Luther King, Jr.
1929 – 1968
PHOTO: Nobel Foundation (1964), Public Realm

https://www.washingtonpost.com/opinions/2024/01/14/remembering-martin-luther-king/

January 14, 2024 at 3:10 p.m. ET

We all have heard the story about the Rev. Martin Luther King Jr. the night before he was killed. How he’d seen the promised land and might not be with us when we got to the mountaintop. It’s important that we remember King incorporated the good Samaritan story into his speech.

He was in Memphis to aid sanitation workers, who were marching for a livable wage and safe working conditions. He went despite threats to his life and the fact that other civil rights leaders were present to march along with 1,300 Black workers on strike. He went because if not him, who? Here’s where he incorporated a Bible story we’ve heard before.

“And so the first question that the Levite asked was, ‘If I stop to help this man, what will happen to me?’ But then the good Samaritan came by. And he reversed the question: ‘If I do not stop to help this man, what will happen to him?’

“That’s the question before you tonight. Not, ‘If I stop to help the sanitation workers, what will happen to all of the hours that I usually spend in my office every day and every week as a pastor?’ The question is not, ‘If I stop to help this man in need, what will happen to me?’ ‘If I do not stop to help the sanitation workers, what will happen to them?’ That’s the question.”

King ended his speech by emphasizing the work we all need to do together to make this nation great, working toward justice not just for ourselves but for all those along the road we come across who require it.

“Let us rise up tonight with a greater readiness. Let us stand with a greater determination. And let us move on in these powerful days, these days of challenge to make America what it ought to be. We have an opportunity to make America a better nation. And I want to thank God, once more, for allowing me to be here with you.”

This is what I want to remember and honor this Martin Luther King Jr. Day.

Jill McKibben, Reston

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

Compare this message of self-sacrificing kindness toward fellow humans with the GOP “race to the bottom” taking place today during the totally overhyped and over-covered Iowa caucuses! (One more breathless account of the “enthusiasm gap” among Haley voters — not to mention her double-digit deficit in the endless “up to the minute” polls — could make a person want to puke.🤮)

There, dominant front-runner Trump promises not a better, fairer, more humane America for all, but rather a selfish, grievance-filled, program of hate, revenge, retribution, dehumanization, and exclusion on his “enemies!” And, his floundering GOP “rivals” promise the same nasty, deeply anti-American, agenda, but without the “distraction” of Trump’s “personality.” Hardly a winning message! If Iowa GOP voters want a true bottom-dweller, and it appears they overwhelmingly do, why not go with the “original” rather than “semi-sanitized imitations?”

Thank goodness for NFL playoff games today which should allow the rest of us to avoid the networks insipid “Iowa coverage!”

🇺🇸 Due Process Forever on MLK Day!

PWS

01-15-24

☠️ ⚰️ FIRST IT WAS IMMIGRANTS, THEN WOMEN, LGBTQ+, ELECTION OFFICIALS, TEACHERS, LIBRARIANS — GOP’S LATEST TARGET OF TOXIC LIES, CRUELTY, STUPIDITY:  Hungry Kids! 🤮 “The announcements by Reynolds and Pillen seem almost tailor-made to validate the adage that for Republicans, ‘life begins at conception and ends at birth.’” 

Michael Hiltzik
Michael Hiltzik
Author & LA Times Columnist
PHOTO: X

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=52a9eb75-c262-45a3-93e8-89f8e05a06b5

Michael Hiltzik writes in the LA Times:

Question: Is there anything more absurd than red state governors rejecting federal programs that directly benefit their constituents?

Easy answer: Yes. It’s the explanations they give to make their actions appear to be sober, responsible fiscal decisions.

The Republican governors of Iowa and Nebraska brought us the most recent examples of this phenomenon just before Christmas.

The issue in both states is a summer food program that provides $40 a month per child in June, July and August to families eligible for free or reduced-price school meals.

The program is known as the Summer Electronic Benefit Transfer Program for Children, or Summer EBT. Its purpose is to give the eligible families a financial bridge during the months when their kids aren’t in school.

The governors didn’t see it that way. Here’s how Iowa Gov. Kim Reynolds justified her decision to reject the federal subsidy

for low-income Iowans: “Federal COVID-era cash benefit programs are not sustainable and don’t provide long-term solutions for the issues impacting children and families.”

Nebraska Gov. Jim Pillen’s explanation was,

“I don’t believe in welfare.”

Both governors said their states already had programs in place to address food needs for low-income families, and that was enough.

It’s worth noting that the explanations by both Reynolds and Pillen are fundamentally incoherent. What does Reynolds even mean by calling the program “not sustainable”? It would be sustained as long as Congress continues to fund it, which is almost certain as long as Republicans don’t take control of both houses and kill it.

As for Pillen’s crack about “welfare,” he didn’t bother to explain what he believes is wrong with “welfare” as such; he just uttered the term knowing that it’s a dog whistle for conservative voters aimed at dehumanizing the program’s beneficiaries.

What makes these governors’ refusals so much more irresponsible is that the federal government is picking up 100% of the tab for the benefits; the states only have to agree to pay half the administrative costs. Their shares come to $2.2 million in Iowa and $300,000 in Nebraska, according to those states’ estimates.

In return, 240,000 children in Iowa would receive a total of $28.8 million in benefits over the three summer months, and 150,000 Nebraskans would receive a total of $18 million. Sounds like a massively profitable investment in child health in those states.

The governors’ defenses smack of the same strained plausibility of those statements made by banks, streaming networks and other commercial entities that explain that their price hikes and service reductions are “efforts to serve you better.”

. . . .

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

Read the complete article at the link.

Cowardly, irresponsible GOP governors pick on poor kids and their families.  And, the other things that might lift families out of poverty:  higher wages, shorter hours, more childcare, better health care, educational opportunities, vocational assistance, family planning assistance —   the GOP opposes them all in their totally corrupt and disingenuous “race to the bottom.” 

Just look at the amount of money GOP politicos have wasted on cruel stunts and gimmicks intended and guaranteed to make the humanitarian situation worse!

🇺🇸 Due Process Forever!

PWS

01-04-23

🗽⚖️ PROVING OUR POINT, AGAIN: “Sir Jeffrey” & I Have Been Ripping The Garland BIA’s Contrived “Any Reason To Deny” Misinterpretations Of Nexus & PSG — 1st Cir. Is Latest To Agree With Us! — Espinoza-Ochoa v. Garland

Kangaroos
Turning this group loose on asylum seekers is an act of gross legal, judicial, and political malpractice by the Biden Administration and Merrick Garland!
https://www.flickr.com/photos/rasputin243/
Creative Commons License

Dan Kowalski reports for LexisNexis Immigration Community: 

http://media.ca1.uscourts.gov/pdf.opinions/21-1431P-01A.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/big-psg-and-nexus-victory-at-ca1—espinoza-ochoa-v-garland

“Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that “constitute[d] persecution.” But the agency concluded that Espinoza-Ochoa was still ineligible for asylum for two reasons. First, it held that Espinoza-Ochoa had failed to identify a valid PSG because the social group he delineated, “land-owning farmer, who was persecuted for simply holding [the] position of farmer and owning a farm, by both the police and gangs in concert,” was impermissibly circular. Second, the IJ and BIA each held that, regardless of whether his asserted PSG was valid, the harm Espinoza-Ochoa experienced was “generalized criminal activity” and therefore was not on account of his social group. We conclude that the BIA committed legal error in both its PSG and nexus analyses. We first explain why Espinoza-Ochoa’s PSG was not circular and then evaluate whether his PSG was “at least one central reason” for the harm he suffered. Ultimately, we remand to the agency to reconsider both issues consistent with this opinion. … For all these reasons, we agree with Espinoza-Ochoa that legal error infected both the PSG and nexus analyses below. Accordingly, we GRANT the petition, VACATE the decision below, and REMAND for further proceedings consistent with this opinion.”

[Hats way off to Randy Olen!]

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

You’ve been reading about this damaging, deadly legal travesty going on during Garland’s watch:

🌲UNDER YOUR TREE:  A GIFT 🎁 FROM “SIR JEFFREY” CHASE OF THE ROUND TABLE 🛡️— “Asylum In The Time Of M-R-M-S-“ — “One reaction to this decision would have involved explaining that the Board’s illogical holding was reached not by error but by design, in furtherance of a restrictionist agenda; asking why the current administration hasn’t changed the makeup of a BIA specifically constructed to do exactly that . . . . But such talk would be of no practical help. What those representing asylum applicants and those in government deciding those claims need now is a path to negotiate this latest obstacle and still reach the correct result.”

🤯 MISFIRES: MORE MIXED MOTIVE MISTAKES BY BIA — “Expert” Tribunal Continues Underperforming In Life Or Death Asylum Cases! — Sebastian-Sebastian v. Garland (6th Cir.) — Biden Administration’s “Solution” To Systemic Undergranting Of Asylum & Resulting EOIR Backlogs: Throw Victims Of “Unduly Restrictive Adjudication” Under The Bus! 🚌🤮

How outrageous, illegal, and “anti-historical” are the Garland BIA’s antics? The classic example of Marxist-Leninist revolutionary persecutions involve targeting property owners, particularly landowners. Indeed, in an earlier time, the BIA acknowledged that “landowners” were a PSG. See, e.g., Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).

But, now in intellectually dishonest decisions, the BIA pretzels itself, ignores precedent, and tortures history in scurrilous attempts to deny obvious protection. These bad decisions, anti-asylum bias, and deficient scholarship infect the entire system. 

It makes cases like this — which could  and should have easily been granted in a competent system shortly after the respondent’s arrival in 2016 — hang around for seven years, waste resources, and still be on the docket. 

This is a highly — perhaps intentionally — unrecognized reason why the U.S. asylum asylum system is failing today. It’s also a continuing indictment of the deficient performance of Merrick Garland as Attorney General. 

Obviously, these deadly, festering problems infecting the entire U.S. justice system are NOT going to be solved by taking more extreme enforcement actions against those whose quest for fair and correct asylum determinations are now being systematically stymied and mishandled by the incompetent actions of the USG, starting with the DOJ!

🇺🇸 Due Process Forever!

PWS

12-28-23

  

⚖️🗽👏 ESTHER NIEVES OF WICKER PARK, IL “GETS” THE MESSAGE OF CHRISTMAS 😇 & THE HUMANITY OF ASYLUM SEEKERS, EVEN IF OUR LEADERS (AND TOO MANY “FOLLOWERS”) DO NOT!🤯☹️👎

Description Immigrants & Refugees Welcome - Banner on Facade - Pilsen - Chicago - Illinois - USA Date Taken on 18 February 2017, 10:55 Source Immigrants & Refugees Welcome - Banner on Facade - Pilsen - Chicago - Illinois - USA Author Adam Jones from Kelowna, BC, Canada

Description Immigrants & Refugees Welcome – Banner on Facade – Pilsen – Chicago – Illinois – USA
Date Taken on 18 February 2017, 10:55
Source Immigrants & Refugees Welcome – Banner on Facade – Pilsen – Chicago – Illinois – USA
Author Adam Jones from Kelowna, BC, Canada
Creative Commons License

From the Chicago Sun Times:

https://chicago.suntimes.com/2023/11/30/23982579/migrants-families-racism-venezuela-chicago-tents-nuclear-power-plant-war-letters

Migrants are cut from the same cloth as the rest of us

One of the words I have not heard to describe migrants — but is a more accurate than the negative portrayals — is “families.”

By  Letters to the Editor   Nov 30, 2023, 5:11pm EST

With the holidays upon us, there will undoubtedly be plenty of work parties, shopping sprees with kids in tow and the ubiquitous family gatherings. The coming months will also challenge us to wear layers of clothes and wrap ourselves and our loved ones in blanket-like coats. I am fortunate to have plenty of gloves, scarves, coats and boots.

Others are less fortunate. The unfortunate ones include the “new arrivals,” most of whom have never experienced a Chicago winter. Since the migrants’ arrival, critics have taken to the airwaves offering their comments about the tents, buses, use of police stations, encroachment on city streets, and, what they believe is the destruction of the city’s social and economic fabric. Descriptions of migrants are also disconcerting: liars, troublemakers, thieves, wayward parents using their kids to manipulate the immigration system and outsiders trying to live off the municipal dough.

One of the words I have not heard but is a more accurate depiction of the new arrivals is families. The buses full of people reflect a multi-generational exit from countries steeped in turmoil and unrest: infants, children, parents, or other caretakers. Describing those who arrive as families could lead us to consider them fully human, more like us. Instead, we use words that create a chasm that places the migrants at an arm’s distance from us, society and our city.

Throughout the next month, love, joy, harmony and peace will be words we will likely hear daily in songs, written in holiday cards and celebrated in plays and movies that bring friends and families together. Some will celebrate the season by remembering the birth of a unique child. Warned to flee to ensure the safety of his wife and newborn child, the family patriarch left for other lands. Wouldn’t it be remarkable if we could see the face of this child in the faces of the children we see coming here? Perhaps we can take the first step by using words that remove the stigma and distance between us and the “new arrivals.” The words? Families, of course.

Esther Nieves, Wicker Park

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

Yup, contrary to the absolute, hateful, BS from Trump, Johnson, and the rest of the MAGA right, and the disgraceful indifference of too many Dems, most migrants want: 1) security, 2) opportunity, and 3) a better future, particularly for family. That’s what I found over more than 13 years on the trial bench at the Immigration Court. Basically, what all of us want from life!

Migrants deserve fair, humane, dignified treatment from the U.S. and our legal system, regardless of whether they ultimately are able to meet the legal criteria to remain!

🇺🇸 Due Process Forever!

PWS

12-24-23

🤯 “CHRISTMAS @ THE BORDER 2023” — “The Prince of Peace,” A Poor Palestinian Jewish Outsider & Alleged Threat To The Powerful, Might Be Astounded By Trading Human Lives & Futures Of The Most Vulnerable For Bombs! — 2k Years Later, Folks Claim His Name Yet Mock His Humble, Merciful Message About Treating Fellow Humans With Kindness, Dignity, Respect! 🤯

Holy Family at the Border
Families arriving at the border today likely to find those in power parrot the words of Christ while ignoring his teachings about mercy, humility, humanity.
IMAGE: Sojourners
Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

Todd Miller in The Border Chronicles:

https://www.theborderchronicle.com/p/the-modern-day-nativity-scene-a-concertina?r=1se78m&utm_medium=email

I am at the Stanton Street Bridge between El Paso and Ciudad Juárez, where one year ago I watched groups of people wade through the shallow water to “pedir posada,” the Spanish-language term used for Joseph and Mary asking for refuge in Bethlehem 2,023 years ago. This year, there are no people below me, at least not right now, and the Rio Grande is a greenish, contaminated trickle that will dry up completely just east of El Paso, and then be replenished by the Rio Conchos 200 miles downriver in Presidio, Texas. On the other side of the bridge, you can see that the holiday season is in full gear as the line of people entering the United States coming from Ciudad Juárez extends up to the top of the bridge, exactly above the river. Surrounding the river are the props of the modern-day nativity scene: coiling razor wire, 30-foot walls, Texas Army National Guard troops and their armored jeeps, armed U.S. Border Patrol agents in their green-striped trucks, drone surveillance, camera surveillance, biometric systems. Partially, this is the result of the most money ever put toward federal border and immigration enforcement (as we reported this year, 2023 was $29.8 billion, a record number, which adds to the more than $400 billion since 2003). Partially, this is because Texas’s spending on Operation Lone Star, courtesy of Governor Greg Abbott and his right-wing, un-Christian justification machine, which has added up to $4.5 billion over the last two years. And this has been the response of the United States for people “pidiendo posada” for 30 years since Operation Blockade/Hold the Line began a border-building spree that has not ceased: there is no room at the inn.

I think of that cold night on the ground in a stable that is depicted in so many places this time of year as I walk past shivering refugees in heavy coats sitting outside against the Sagrado Corazón church in El Paso a few blocks from the border. I am reminded of the hundreds upon hundreds of people arriving to the Arizona border, as Melissa reported on earlier this week. I am reminded of the young Guatemalan mother I met myself at the border wall in late November as she tended to her two-month-old under the 30-foot border wall. They had been waiting there for two days. The infant was sick, and the nights were cold. The rest of the group, from the coast of Guatemala, built a fire to keep warm. When were the wise men going to arrive, the kings, the angels? The humanitarians did arrive, as they do, day after day (see Melissa’s reporting on that). I am reminded of being in Bethlehem myself a few years back, visiting the Aida refugee camp of Palestinians, which was surrounded by a tall concrete wall that had an embedded “pill box,” or a tower where snipers could point their assault rifles located mere miles from that stable where Mary gave birth on the cold ground. The Christmas story is playing out all around us, as lawyer and anthropologist Petra Molnar pointed out for us just yesterday. Where Mary, Joseph, and the infant Jesus had to flee Bethlehem when King Herod started to wield authoritarian power, the long trek to Egypt fleeing persecution is happening right now, throughout the world, such as in the Darién Gap in Colombia and Panama, as discussed in Melissa’s two interviews with anthropologist Caitlyn Yates—one podcast in December, one in August. Or the equivalent might be in the Mediterranean, as we discussed with Lauren Markham last June after a ship capsized near Greece, killing 600 people, or the countless places across the world where people struggle with a huge enforcement apparatus, which Anna Lekas Miller wrote about in her book Love Across Borders. We have spent the year doing our best to give you insight into what is happening on our borders.

I love this time of year, December, because things start to slow down, the frenetic pace starts to wane. For me, this becomes a more reflective period. Yet this modern Christmas story is anything but reflective. On television sets, commercials remind us of the holiday spirit (and to buy as much as we can), and movies have heartwarming tales of people coming together. Yet hospitality is scoffed at in words and policy, no matter what president, no matter what political party. Melissa has reported time and time again about the dehumanizing rhetoric; earlier this week, she wrote about a Fox News reporter talking about invaders and invasions and “credible fear thresholds.” This discourse abounds, with stories of people “taking advantage of our asylum system,” and claims that the United States can’t absorb any more people. Did Mary and Joseph hear similar soundbites on their journeys?

Give a gift subscription

In these stories, we rarely hear about U.S. foreign policy, both historical and current. Take, for example, the Monroe Doctrine’s effect in Latin America: the centuries of upholding dictatorships, training generals, arming militaries—and, lately, creating border guards—and influencing politics, as well as the economic domination, in which corporate power and extractive industries enjoy a borderless world and can travel anywhere and take anything they want (see NAFTA, see CAFTA), from precious resources to cheap labor. Meanwhile, regular people—sometimes the very people displaced by corporate power—face harsher and harsher border regimes that extend throughout the continent. The same thing the Greg Abbotts of the world accuse undocumented people of doing here, corporate power is doing there. Studies have continually shown how a migrant labor force bolsters the U.S. economy in myriad, even critical ways (see, for example, the film A Day without a Mexican), yet border crossers get blamed for the big societal problems as if they had the power to set policy in corporate board rooms and in Washington. In the halls of power, debates stagnate over whether people are refugees or economic migrants—creating more divisions between the people most affected by the entrenched borders.

At the height of her pregnancy, Mary and Joseph walked for days, fleeing a Caesar Augustus’s occupying force—a story that resonates with more than 184 million people on the move today. I am reminded of my dear friend Irene Morales, a nun with the Madres of the Eucaristia, who I worked with two decades ago and who told me day after day—as we traveled through northern Mexico and the U.S. borderlands—that she saw Christ in the faces of people on the move. In the early 2000s, thousands of people were arriving to Altar, Sonora, to cross through the Arizona deserts. The people I talked to and interviewed were mostly from southern Mexico, and in many cases they were migrating because they could no longer make ends meet. From about 2002 to 2005, I talked to hundreds of people, and often it was parents thinking about their children, parents who talked about skipping meals for their children, wanting their children to get an education, or sometimes it was children on the move for a sick parent. So often it was a story of sacrifice at a time in a post-9/11 era characterized by a massive ramp-up on the border, with terrorism and migration blurring into each other at a policy level. “El rostro de Cristo,” Irene told me.

Stanton Street Bridge at sunset with a long line of people crossing from Ciudad Juárez to El Paso as is typical during the holidays. (Photo credit: Todd Miller)

Share

As I stand on the bridge in Juárez, where everything seems basically the same, I know a lot has happened over the last year, and we have covered much of it at The Border Chronicle. I, for one, have been following that contaminated river and have gone into Chihuahua to report on border water struggles for a forthcoming book, and I have shared some photo essays here. Melissa also wrote about Chihuahua earlier this year for The New Yorker, focusing on the epidemic of journalists assassinated in Mexico, which she summarized in The Border Chronicle. I feel so fortunate to work alongside Melissa, who not only wrote (and talked to experts) about the innards of this massive border fortification, whether it be the surge of wall building, deadly vehicle chases, Operation Lone Star, or Florida cops patrolling the border—and the right-wing rhetoric that so often propels it (not to mention the Elon Musk circus)—but also about people in border communities for inspiration and solutions such as border artists, a brilliant sidewalk school, or a doctor who spends his time treating border crossers (Doctor Brian Elmore also penned an op-ed for us). And that’s just a taste. This year, I had the opportunity to go to Yale and debate border enforcement, a humbling and educational experience, to say the least. As I wrote about my losing effort, some of the dynamics we constantly struggle with in this sort of border journalism were clearly revealed.

Much has changed over the last year, but—from what I can tell suspended between El Paso and Ciudad Juárez—much has remained the same. The border policy is the same, there is more money in the budgets, there is more money in as-of-yet-unpassed supplemental funding bills, there are more and more contracts for private industry. And now we have an election year. And, as we all know, during an election year, the border is a politician’s sacrificial lamb. So be prepared for a good dose of border theater, and we’ll be here with our coverage, commentary, interviews, and podcasts. The last thing I want to do is stand on that bridge a year from now and watch people wade through the trickling Rio Grande to “pedir posada” at a large gate at an even more fortified border wall in El Paso. That is, however, the likely outcome of 2024, and we will cover all of it. But we will also find the spaces where people are trying to make change, we will listen to the border communities, and we will document the humanitarian efforts. And trust me you, we will be looking in the places where there is generosity toward the stranger.

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

40 And the King will answer them, ‘Truly, I say to you, as you did it to one of the least of these my brethren, you did it to me.’

Matthew 25:40

It’s very straightforward. Yet, somewhere between the Nativity and MAGAMike Johnson, the message got lost! The real “War on Christmas” and Judeo-Christian values is being conducted by those in powerful positions who disingenuously press for deadly, illegal, inhumane, dehumanizing treatment of forced migrants!

Thoughtful, practical solutions — more aligned with Judeo-Christian values — proposed by experts with first-hand experience with migrants and migration are arrogantly ignored by our leaders. See, e.g., https://immigrationcourtside.com/2023/12/17/⚖️🗽-there-are-ways-to-harminize-harness-the-reality-huge-positive-potential-of-global-human-migration-they-are-neither-simple-nor-imm

https://immigrationcourtside.com/2023/12/19/⚖️🤯👩🏽⚖️👨🏻⚖️-as-garlands-backlog-hits-3-million-way-past-time-to-clean/.

 

Even now, U.S. and Mexican leaders insist, contrary to evidence, that the answer to forced migration is more and harsher enforcement. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjGta3V66WDAxV8D1kFHU7ECn0QFnoECBcQAQ&url=https://apnews.com/article/joe-biden-mexico-border-negotiations-956cbc7a92ac08572327533ce1572a2a&usg=AOvVaw0lxqJYakyq5Ocbm0VxiVld&opi=89978449.

To quote Colby King in today’s WashPost:

I read somewhere that God’s eternal promise of Christmas is a closeness with humanity, forgiveness of sins and a radical, unconditional love for all. We ain’t there yet.

https://www.washingtonpost.com/opinions/2023/12/22/christmas-prayer-bethlehem-gaza-war-peace/

Colbert I. King
Colbert I. King
Columnist
Washington Post

Also lost in the rush to cruelty and “deterrence:” Individuals have a legal right to apply for asylum at the U.S. border regardless of whether they arrive at a port of entry. See, INA, section 208. 

The so-called “illegal” crossings are driven largely by the USG’s failure to implement timely and fair screening and processing at ports of entry. Even so, many individuals cross nearby the ports and wait patiently, in an orderly manner, outdoors, often in harsh conditions, to be “processed” by CBP.

This is hardly a “law enforcement crisis.” It’s a humanitarian crisis that, despite warnings and plenty of constructive ideas from experts, Congress and the Executive have jointly failed to address in a reasonable and responsible manner.

How unserious are Congress and the Administration about addressing the situation at the border in a responsible manner? The increasing flow of asylum seekers is predictable, considering that it is part of a worsening worldwide refugee flow. 

So one logical, obvious thing to do, rather than building walls, prisons, and installing barbed wire, would be to hire and “surge” more USCIS Asylum Officers to the Southern Border to screen asylum seekers for credible fear, perhaps even expanding operations to foreign territory. 

According to USCIS, there were 1028 authorized Asylum Officer positions in September 2022. https://www.uscis.gov/sites/default/files/document/outreach-engagements/Asylum-Quarterly-Engagement-Oct-6-22.pdf.  One year later, in September 2023, that number hadn’t changed! And, remarkably, the number of those positions filled had had actually slightly declined from 78% to 74%. https://www.uscis.gov/sites/default/files/document/outreach-engagements/AsylumQuarterlyEngagement-FY23Quarter4PresentationTalkingPoints.pdf. Talk about a disconnect!

🇺🇸 Due Process Forever!

PWS

12-23-23

🤮☠️ AS CONGRESS ENGAGES IN TRUTH & REALITY FREE (NON) DEBATE ON HOW TO INFLICT MORE CRUELTY AND MAYHEM ON VULNERABLE ASYLUM SEEKERS, THE REAL IMMIGRATION PROBLEMS GO UNADDRESSED — “No Fair Day” Documents Continuing Abuse Of Kids In Immigration Court!

Stephen Miller Cartoon
Stephen Miller & Count Olaf. Despite promises to the contrary, the Biden Administration still channels Stephen Miller in its approach to kids in court. And, now they are working with GOP nativists and wobbly Dems in Congress to make things even worse, for kids and other asylum seekers! 
Evil Twins, Notorious Child Abusers

A new “white paper” investigation from UCLA Center for Immigration Law and Policy documents shocking abuses already being inflicted on children Immigration Court even as Congress and the Administration look for more ways to strip asylum seekers of legal rights and human dignity:

https://law.ucla.edu/sites/default/files/PDFs/Center_for_Immigration_Law_and_Policy/No_Fair_Day_Children_in_Immigration_Court_White_Paper.pdf

EXECUTIVE SUMMARY

This white paper provides a comprehensive assessment of the Biden

administration’s treatment of children facing removal in immigra-

tion court. While much attention has rightly been given to the Biden

administration’s border and asylum policy, less attention has been

paid to child-specific policies in immigration court. This matters

both because tens of thousands of removal orders have been issued

against children during the Biden administration, and because chil-

dren’s cases present unique legal issues—including most obviously

that children generally bear little, if any, legal responsibility for the

situations in which they find themselves.

We find that the Biden administration took important steps at the

outset to protect children in ways the prior administration did

not. The decision to exempt children from the border expulsion

policy known as Title 42 was particularly significant in this respect.

However, for children who were permitted to enter the system and

ordered to appear for proceedings in immigration court, the Biden

administration has largely continued the policies of previous admin-

istrations. Those policies have utterly failed to protect the rights of

children in court.

These failures are all the more striking because they have continued

even as the administration has signaled support for the principle

that children deserve legal representation in immigration court as

a matter of basic fairness. Department of Homeland Security Sec-

retary Mayorkas—the nation’s foremost immigration enforcement

official—has repeatedly stated that he does not believe children can

receive fair removal hearings without legal representation, even as

prosecutors under his purview have proceeded with thousands of

such hearings and obtained thousands of removal orders against

unrepresented children through those grossly unfair processes.

The administration’s policies toward children in immigration court

have far-reaching impacts. In the first five months of Fiscal Year 2022,

almost one third of all new cases in immigration court involved chil-

dren, including tens of thousands of children under the age of five.1

Some of these children are “unaccompanied” because they arrived

1 TRAC, One-Third of New Immigration Court Cases

Are Children; One in Eight Are 0-4 Years of Age

(Mar. 17, 2022), https://trac.syr.edu/immigration/

reports/681/.

NO FAIR DAY: THE BIDEN ADMINISTRATION’S TREATMENT OF CHILDREN IN IMMIGRATION COURT 3

alone, while others are in “consolidated proceedings” with their fami-

lies. The immigration system, and the Biden administration, has failed

both. Many of these children proceeded without counsel, and a huge

number of children have been ordered removed for failure to appear.

We explain why these two policies—the imposition of in absentia

removal orders against unrepresented children and the failure to

provide counsel—are unlawful, and we provide recommendations

for how the Biden administration can remedy this crisis.

. . . .

It should be obvious that immigration court proceedings are far too

complex for children to navigate without legal representation. As

Secretary Mayorkas acknowledged earlier this year, “a nine-year-old

child cannot navigate the immigration system.”44 Attorneys General

under the Obama administration made similar statements, as had

the government’s own expert in litigation challenging the failure to

provide counsel for children several years ago.45 Prior to that conces-

sion, one supervisory immigration judge was extensively ridiculed

for stating his view that he could teach three- and four-year-olds to

understand immigration law and represent themselves in immi-

gration court.46 Yet, despite the obvious absurdity of that view, the

Biden administration’s immigration courts—like the immigration

courts of all prior administrations—recognize no age below which

children cannot proceed without a lawyer in court.

. . . .

CONCLUSION

Despite taking some strong symbolic and practical steps in its early

days, the Biden administration has failed children in immigration

court under its watch. In the last three years, Immigration Judges

have issued removal orders against tens of thousands of children in

violation of basic due process principles. Though the administration

has not enforced most of those removal orders, nothing will stop a

future administration from doing so without ever providing those

children a fair day in court.

But there is time to reverse course. We urge the administration to

adopt the concrete recommendations laid out in this paper: prohibit

the issuance of in absentia removal orders against unrepresented

children; terminate the Dedicated Docket; and ensure legal represen-

tation for all children in removal proceedings. To do so would make

real the Biden administration’s promise of a fair and humane immi-

gration system for children.

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

Read the complete report at the above link.

This should be a fixable problem! Instead, Congress and the Administration are fixated on making things worse for children and other legal asylum seekers at the border. What’s happening in the Senate now is neither a “negotiation” nor does it have much to do with “national security.” 

It’s mostly about bullying the most vulnerable while diverting attention from the failure of all three branches of Government to address human migration and human rights in an rational, lawful, and constructive manner.

Artificially inflating and manipulating “in absentia” order statistics has been a long-time practice of EOIR under Administrations of both parties. The DOJ and EOIR use their own unfair procedures to paint a false picture of individuals evading the system. 

In reality, statistics show that the overwhelming majority of those able to secure representation and therefore understand the “system” want fair merits decisions on their asylum applications. 

But, as many who, unlike Garland and his minions, have actually practiced in the dysfunctional Immigration Courts know, getting a timely merits hearing on meritorious, already-prepared cases can be “mission impossible” in a system wedded to “Aimless Docket Reshuffling” and lacking in dynamic due-process-focused expert leadership!

Additionally, “notice” problems at EOIR are endemic — now reaching the Supremes for the third time (after being blown out on the first two trips) in a “supreme dereliction of duty” by Garland’s DOJ. Haphazard notice procedures and endless delays are also major contributors to the abuse of children in Immigraton Court. 

🇺🇸 Due Process Forever!

PWS

12-18-23

⚖️🗽 THERE ARE WAYS TO HARMONIZE & HARNESS THE REALITY & HUGE POSITIVE POTENTIAL OF GLOBAL HUMAN MIGRATION— They Are Neither “Simple” Nor “Immediate” — But “Deterrence Only” Definitely Is NOT Among Them!☠️

Amy E. Pope
Amy E. Pope
Director General
International Organization for Migration
PHOTO: IOM
Filippo Grandi
Filippo Grandi
United Nations High Commissioner for Refugees
PHOTO: UNHCR

From Time Magazine:

https://time.com/6344740/global-immigration-system-reform/

IDEAS

BY AMY E. POPE AND FILIPPO GRANDIDECEMBER 11, 2023 11:43 AM EST

Pope is the Director General (DG) of the International Organization for Migration; Grandi is the UN High Commissioner for Refugees

F

rom the sands of the Sahel to the waters of the Mediterranean, from the wilderness of the Darien in Central America to the Bay of Bengal, millions of refugees and migrants journey along routes that are synonymous with desperation, exploitation and lost lives. As the heads of the two U.N. agencies that protect and support people on the move, we believe this is one of the great global challenges of our time.

The loudest political response has been to claim that only tougher action can resolve it. Most recently, a number European states have announced  plans to “offshore” or simply deport asylum seekers and/or make conditions around immigration and asylum more hostile.

Such plans are increasingly in vogue. They are also wrong. They overly concentrate on deterrence, control and law enforcement, and disregard the fundamental right to seek asylum. This approach is ineffective and irresponsible, leaving people stranded or compelling them to take even greater risks.

We do not want to understate the scale of the challenge created by today’s population movements. But to meet it, bigger thinking and bolder leadership are needed. The right strategy would tackle every stage of the journey, through a comprehensive and route-based approach of engagement. So, what should such a strategy look like?

First, we need to address the issues that compel people to leave home in the first place. Resolving conflicts, improving security, reinforcing human rights, providing sustained and reliable financial support to boost growth and resilience—all address the root causes of displacement and migration by investing in people’s futures. Failing to make these investments and cutting development aid are false economies.

Nonetheless, millions of people have no choice but to leave home—protracted conflicts, widescale rights abuses, intolerable poverty, and the devastating effects of climate change are just some of the causes. Yet the same point applies: offer hope and opportunity and people will take it.

. . . .

Two ingredients are essential for our proposals to succeed: cooperation and real responsibility-sharing between governments, even in these divisive times; and attention to every part of the journey. An approach focused mainly on deterrence will fail—indeed, it is already failing.

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

Border Death
During this Christmas season, GOP Nativists in Congress, their Dem enablers, and the Biden Administration are “debating” how many forced migrant men, women, and children should be killed, tortured, maimed, imprisoned, separated, or otherwise irreparably damaged at the U.S. Border to secure more bombs and weapons for foreign wars!  This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

Read the complete article at the link!

“Offer hope and opportunity and people will take it!” That’s essentially what the Supremes said 35 years ago in the landmark decision INS v. Cardoza-Fonseca requiring a suitably generous interpretation and application of the international “refugee” definition that also governs asylum. 

Over the next several decades, slow but noticeable progress was made toward “realizing the full promise of Cardoza.” At one point, largely as a result of some Court of Appeals interventions, and a few positive BIA precedents granting asylum in the mid to late 1990’s, the “combined protection granted rate” for asylum, withholding, and CAT by EOIR, the primary precedent-setter and adjudicator of asylum law in the Executive Branch, exceeded 60% for those actually able to get to merits hearings in the somewhat haphazard system. 

However, over the past several Administrations most of that progress has been reversed, sometimes intentionally, other times negligently. The dysfunction, mounting backlogs, poor precedents, lack of asylum expertise, endless “any reason to deny gimmicks,” and the dreaded “Aimless Docket Reshuffling” have made a mockery of justice for asylum seekers at EOIR. It has also generated a tidal wave of failure and mindless attempts by the USG to evade the rule of law and their responsibilities to fairly adjudicate asylum claims that goes far beyond our borders.

None of the nativist, restrictionist, proposals now being discussed in the Senate would help this situation! Indeed, they would undoubtedly make everything worse in the long run! They will also compromise our national security and enrich and embolden human smugglers and cartels. Nativist deterrence is definitely a “lose-lose proposition” even if many U.S. politicos are unwilling or unable to admit that!

In many ways, the “head in the sand” approach of prosperous nations to human migration reminds me of their past attempts to deny or ignore the effect of climate change — something that is directly related to forced migration and not adequately addressed by the post WW II refugee framework.

I was heartened to see among the recommendations in this article:

But this is not just about policies and strategies. It means engaging more closely with the people in mixed movements, such as offering practical and legal advice on accessing protection, to guidance on applying for third-country options. Such a chain of engagement might require new, bespoke models of collaboration but, if done strategically, would address a range of situations.\

This supports the recent proposal that Retired Wisconsin Judge Thomas Lister and I published on “Courtside” for the creation of a volunteer group of “Judges Without Borders” (“JW/OB”). https://immigrationcourtside.com/2023/12/13/%F0%9F%91%A9%F0%9F%8F%BD%E2%9A%96%EF%B8%8F%F0%9F%91%A8%F0%9F%8F%BB%E2%9A%96%EF%B8%8F-%E2%9A%96%EF%B8%8F%F0%9F%97%BDjudges-without-borders-an-innovative-op/

Volunteer retired judges from various State and Federal systems could potentially assist the USG and NGOs by advance screening applicants, inside and outside the U.S., for asylum with an eye toward helping individuals make good choices and directing those unable to meet the current refugee and asylum criteria to humane alternatives. It’s exactly the type of new, creative, “model of collaboration” (and cost efficiency) that the authors recommend!

Given the current state of the world, with active wars on several fronts, and many corrupt and/or repressive governments, it’s highly likely that forced migration will continue to increase in the foreseeable future. That makes it essential that developed nations work with each other and humanitarian experts on viable, durable solutions that recognize the complexity, the opportunities, and the inevitability of human migration. 

On Meet the Press today, Sen. Lindsey Graham (R-SC) spouted virtually every “border myth” in the book, without much effective pushback from moderator Kristen Welker. In particular, Welker continued her practice of not featuring any experts who actually work with forced migrants at the border. Meanwhile, Graham was unwilling to condemn Trump’s Hitlerian language about immigrants “poisoning the blood” despite numerous opportunities by Welker for him to do so.

What Graham didn’t do, and Welker didn’t press him on, was establish any connection between eliminating asylum and either reducing terrorist threats or fighting drug smuggling which has been shown time and again to have little or nothing to do with individuals struggling to get appointments through “CBP One” or turning themselves in to CBP upon entry to submit to asylum screening.

Additionally, Graham continued to repeat, without evidence (other than one lame anecdote), the nativist claim that almost nobody coming to the border has a legitimate fear of return. That contradicts almost all reports from those who actually work with forced migrants at the border and elsewhere. It’s also remarkable because the vast majority of those who have been allowed into the U.S. in the past year have not had an opportunity to document and present their claims in the fair merits hearing required by law. Yet the “border debate” remains largely one-sided and reality free!

That’s not to minimize the failure of the Biden Administration to heed expert advice and make major administrative, personnel, and expertise changes in the asylum adjudication system and the Immigration Courts on “Day One.” Nor does it excuse their failure to set up an organized, mutually beneficial, system for resettling those screened the into the country away from border points of entry.

Again, the absence of coherent rational discussion of asylum adjudication by experts by Meet the Press and other so-called “mainstream media” is both telling and disturbing. Certainly, internationally-recognized experts like Filippo Grande and Amy Pope must be available to Welker. Why don’t we ever hear from them?

Demand that Congress and the Biden Administration stop the toxic nonsense of “trading” the lives and rights of forced migrants for bombs and weapons to fight foreign wars. It’s time to get serious about developing immigration and refugee policies that operate in the “real world” of human migration, eschew expensive, cruel, proven to fail “deterrence only,” and give primacy to the humanity and rights of migrants and the opportunities they present for our world’s future!

🇺🇸 Due Process Forever!

PWS

12-16-23

😢 CRIES IN THE WILDERNESS: The Voices Of Experience & Reasonableness Are Being Drowned Out By Nativism, Butt-Covering, & Imagined Political Expediency In The One-Sided “Border Debate” Taking Place In The Senate!

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com
Caitlyn Yates Fellow Strauss Center for International Law & Security PHOTO: Strauss Center
Caitlyn Yates
Fellow
Strauss Center for International Law & Security
PHOTO: Strauss Center

This podcast from Melissa Del Bosque of The Border Chronicle and Caitlyn Yates, who actually works with migrants in the Darien Gap, gives real life perspective on the humanitarian crisis and all the reasons why more cruelty, punishment, and deadly deterrence isn’t going to solve the flow of forced migrants. But, unhappily, policy makers aren’t interested in the voices of those who actually have experience with forced migrants, nor are they interested in learning from the forced migrants themselves — a logical — if constantly ignored — starting point for making sound policy decisions!

https://substack.com/app-link/post?publication_id=373432&post_id=139696609&utm_source=post-email-title&utm_campaign=email-post-title&isFreemail=true&r=1se78m&token=eyJ1c2VyX2lkIjoxMDgxNTc5OTAsInBvc3RfaWQiOjEzOTY5NjYwOSwiaWF0IjoxNzAyMzkzMzIwLCJleHAiOjE3MDQ5ODUzMjAsImlzcyI6InB1Yi0zNzM0MzIiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.CSjTGVDSTEoVPMU3vd7l-vjE2t6LYzS6bfkSQ-qMOcU

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

In the Wilderness
Migration and human rights experts have excelled in court and academia. Yet, they have been consigned to wander the political wilderness, their wisdom, expertise, and real world solutions are routinely ignored or mindlessly rejected by both political parties.
Colmar – Unterlinden Museum – The Isenheim Altarpiece 1512-16 by Matthias Grünewald (ca 1470-1528) – Visit of Saint Anthony the Great to Saint Paul the Hermit in the Wilderness
Creative Commons

Four “takeaways” on what a consensus on migration should be:

  1. Human migration is real;
  2. Forced migration is largely beyond the unilateral control of any one nation;
  3. Deterrence alone won’t stop migration;
  4. More legal pathways for migration are necessary.

We’re a long way from that needed consensus right now!

🇺🇸 Due Process Forever!

PWS

12-16-23

☠️🤯 HISTORIC SETTLEMENT OF FAMILY SEPARATION CASE SHOWS LEGAL & MORAL BANKRUPTCY OF TRUMP’S “OFFICIAL CHILD ABUSE PROGRAM!” — So Why Are Spineless Dems On The Hill & In The Biden Administration “Negotiating” With GOP Sponsors Of Even Worse “Crimes Against Humanity?”🤮 — “It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said!

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

Maria Sachetti reports for WashPost:

Federal judge approves settlement barring migrant family separations

A federal judge approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S.-Mexico border illegally.

By Maria Sacchetti

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

Download The Washington Post app.

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

. . . .

The settlement involves a 2018 lawsuit filed by the American Civil Liberties Union to block the Trump administration’s “zero tolerance” policy, which called for separating parents from their children to prosecute the adults for crossing the border illegally. Officials sent parents to detention centers and children to shelters, without a plan to reunite them, under the policy. Some were apart for months, some for years.

“It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said before he approved the settlement in a hearing that recalled the shock and disbelief surrounding the policy in 2018.

Under the settlement approved Friday, crossing the border illegally will no longer be a reason to separate a family, at least for the next eight years, which is how long that provision will last, lawyers said. The Justice Department has said the government will not prosecute parents for crossing the border without permission, a misdemeanor, or for the felony crime of reentering after being deported.

The settlement also offers aid to once-separated families so that they may apply to stay in the United States permanently. Those who were deported may apply to come back. Their immigration records will be cleared, giving them a fresh start on applying for humanitarian protection such as asylum.

Once they are in the United States, formerly separated families may apply for three-year work permits, six months of housing assistance and one year of medical care, according to the settlement. The families also are eligible for three years of counseling under the settlement.

Sabraw, a Republican nominee, declared the separations unlawful and ordered the families reunited in June 2018, after President Donald Trump halted the policy amid widespread condemnation.

Trump’s zero-tolerance policy ran from May to June 2018. Later, investigations determined that officials separated migrant families throughout Trump’s four-year term, which ended in January 2021.

Biden administration officials said the Trump administration separated more than 4,000 children from their parents, though past estimates have put that figure as high as 5,500. Lawyers for the ACLU, which represented the migrant families in court, estimated that as many as 1,000 children may still be separated from their parents. Advocates are trying to track them down.

The ACLU has called the case the most significant settlement in the organization’s 103-year history.

“This settlement brings much needed help to these brutalized children but there remains significant work to ensure that every family is now reunited and to monitor that no future administration tries to circumvent the agreement and reenact the same horrific policy,” Lee Gelernt, an ACLU lawyer and the lead counsel in the case, said in a statement.

. . . .

**********

Read the rest of Maria’s report at the link!

The human and fiscal costs of this illegal policy, developed and implemented by GOP White Nationalist child abusers, is beyond comprehension! Some of the damage can never be repaired!

Notably, there has never been any accountability for the architects of this clearly unconstitutional abuse and the Government attorneys who failed to do “due diligence” and misrepresented the facts surrounding child separation in Federal Court. The truth was only brought out when the ACLU was forced to do the DOJ’s job for it! It’s also curious how a prohibition on clearly unconstitutional conduct could have only an “eight year shelf life.”

But, there are even worse developments on the horizon — immoral, illegal, and unconscionable policies under consideration that will dwarf even this horrible episode in terms of  preventable deaths, disregard for humanity, dereliction of duty, moral cowardice, and degradation of our nation!   

Stephen Miller Monster
Why are Dems ignoring their “core supporters” and negotiating with this notorious human rights abuser! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

So why are Dem legislators and the Administration “negotiating” even more outrageous legal violations, moral transgressions, and human rights abuses with the GOP? Talk about “shameful!” If Dems don’t get some backbone and live up to their professed values and the law, “shameful” will have a whole new meaning!

Here’s a link to tell your Congressional representatives to “just say no” to the truly repulsive proposals to bully and inflict pointless harm on the most vulnerable and to arrogantly violate human rights on a massive scale being pushed by the  GOP and some so-called Dems.  https://lnkd.in/gp2RteRr.

 Trading away human rights that are not yours to dispose of for unrelated foreign military aid is beyond unconscionable! 🤮

🇺🇸 Due Process Forever!

PWS

12-09-23

⚖️👩🏻‍⚖️👨🏼‍⚖️ SOME FORMER IMMIGRATION JUDGES SPEAK OUT AGAINST DRACONIAN TEXAS BORDER MEASURE!

Texas Border
Abuse of migrants has a long ugly history in Texas.
Public Realm (1948)

“Sir Jeffrey” Chase forwarded coverage from the Dallas Morning News containing these quotes:

 

Former immigration judges

Two former federal immigration judges, appointed by Republican and

Democratic presidents, raised concerns over state judges being tasked with

handling immigration cases.

“It makes no more sense for a state magistrate trained in state law to engage in

the interpretation and application of federal immigration law than it does for a

federal immigration judge …trained in federal to engage in an interpretation

and application of Texas law,” said Bruce J. Einhorn, a former immigration

judge appointed by President George H.W. Bush in 1990.

“It’s hard to comment on something that’s just so plainly unlawful and plainly

unconstitutional,” said Rebecca Bowen Jamil, a former federal immigration

judge appointed by President Barack Obama in 2016. “The state court judge

doesn’t have the training — doesn’t have the expertise — to protect the

constitutional rights of that individual before them.”

Einhorn and Jamil were among dozens of former federal immigration

judges who signed a statement saying the proposal violates the law.

Dallas Morning News article 11.14

CLARIFICATION: While a number of members of the Round Table signed this letter in a “personal capacity,” the Round Table, as an organization did not take a position on this issue.

For a deeper dive into the history of “Juan Crow” racism in Texas — the truth that Gov. Greg Abbott and the GOP don’t want you to know, see, e.g.,  https://www.nbcnews.com/news/latino/history-racism-against-mexican-americans-clouds-texas-immigration-law-n766956.

Juan Crow in Texas
Signs like the one in this undated image were displayed at various restaurants and other pubic accommodations under a system known as “Juan Crow” laws.Russell Lee / Dolph Briscoe Center for American History

🇺🇸 Due Process Forever!

PWS

11-16-23

UPDATE FROM HON. “SIR JEFFREY” CHASE:

Hi all: The Texas state law was passed by both houses of the Texas legislature, and is expected to be signed into law.

The letter from 30 individual members of this group was specifically mentioned yesterday on CNN’s The Lead with Jake Tapper.

I think this link will take you to the section in which the former judges’ letter is mentioned (at the 2:52 mark).

Best, Jeff

DPF!

 

PWS

11-16-23

🤯 UK CONSERVATIVES’ ABSURDIST ASYLUM PLAN CRASHES💥 & BURNS!🔥 — “This grubby, cash-for-people deal was always cruel and immoral but, most importantly, it is unlawful.“

Victims of Rwanda’s Genocide
Victims of Rwanda’s Genocide
Public Realm
Three decades ago, Rwanda was the scene of a horrible genocide. Now, UK right wing pols think it’s an ideal place to “orbit” refugees, in violation of international laws!

https://www.theguardian.com/uk-news/2023/nov/15/supreme-court-rejects-rishi-sunak-plan-to-deport-asylum-seekers-to-rwanda

Supreme court rejects Rishi Sunak’s plan to send asylum seekers to Rwanda

Judges uphold appeal court ruling over risk to deported refugees and deals blow to PM’s ‘stop the boats’ strategy

By Rajeev Syal and Diane Taylor

The Guardian 15 November 2023

  • UK politics live – latest updates

Rishi Sunak’s key immigration policy has been dealt a blow after the UK’s highest court rejected the government’s plans to deport people seeking asylum to Rwanda.

Five judges at the supreme court unanimously upheld an appeal court ruling that found there was a real risk of deported refugees having their claims in the east African country wrongly assessed or being returned to their country of origin to face persecution.

The ruling undermines one of the prime minister’s key pledges: to “stop the boats”. The government claimed that the £140m Rwanda scheme would be a key deterrent for growing numbers of asylum seekers reaching the UK via small boats travelling across the Channel, a claim that refugee charities have rejected.

Support the Guardian and enjoy the app ad-free.

Support the Guardian

Reading out the judgment, Lord Reed, the president of the supreme court, said the judges agreed unanimously with the court of appeal ruling that there was a real risk of claims being wrongly determined in Rwanda, resulting in asylum seekers being wrongly returned to their country of origin.

He pointed to crucial evidence from the United Nations’ refugee agency, the UNHCR, which highlighted the failure of a similar deportation agreement between Israel and Rwanda.

The ruling came the day after the sacked home secretary, Suella Braverman, released an incendiary letter accusing the prime minister of breaking an agreement to insert clauses into UK law that would have “blocked off” legal challenges under the European convention on human rights (ECHR) and the Human Rights Act.

Braverman said Sunak had no “credible plan B” and added: “If we lose in the supreme court, an outcome that I have consistently argued we must be prepared for, you will have wasted a year and an act of parliament, only to arrive back at square one.”

. . . .

Reed said the legal test in the case was whether there were substantial grounds for believing that asylum seekers sent to Rwanda would be at real risk of being sent back to the countries they came from, where they could face ill treatment.

“In the light of the evidence which I have summarised, the court of appeal concluded that there were such grounds. We are unanimously of the view that they were entitled to reach that conclusion. Indeed, having been taken through the evidence ourselves, we agree with their conclusion,” he said.

Enver Solomon, the chief executive of the Refugee Council, said it was a victory for men, women and children who simply wanted to be safe.

He said: “The plan goes against who we are as a country that stands up for those less fortunate than us and for the values of compassion, fairness and humanity. The government should be focusing on creating a functioning asylum system that allows people who seek safety in the UK a fair hearing on our soil and provides safe routes so they don’t have to take dangerous journeys.”

Toufique Hossain of Duncan Lewis solicitors, one of the lawyers representing asylum seekers who brought the legal challenge, said: “This is a victory for our brave clients who stood up to an inhumane policy. It is also a victory for the rule of law itself and the separation of powers, despite the noise. It is a timely reminder that governments must operate within the law. We hope that now our clients are able to dream of a better, safer future.”

Advertisement

Support the Guardian and enjoy the app ad-free.

Support the Guardian

Sonya Sceats, the chief executive of Freedom from Torture, said: “This is a victory for reason and compassion. We are delighted that the supreme court has affirmed what caring people already knew: the UK government’s ‘cash for humans’ deal with Rwanda is not only deeply immoral, but it also flies in the face of the laws of this country.

“The stakes of this case could not have been higher. Every day in our therapy rooms we see the terror that this scheme has inflicted on survivors of torture who have come to the UK seeking sanctuary.”

Steve Smith, the chief executive of the refugee charity Care4Calais, a claimant in the initial legal challenge, said the judgment was “a victory for humanity”.

He added: “This grubby, cash-for-people deal was always cruel and immoral but, most importantly, it is unlawful. Hundreds of millions of pounds have been spent on this cruel policy, and the only receipts the government has are the pain and torment inflicted on the thousands of survivors of war, torture and modern slavery they have targeted with it.

“Today’s judgment should bring this shameful mark on the UK’s history to a close. Never again should our government seek to shirk our country’s responsibility to offer sanctuary to those caught up in horrors around the world.”

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

Read the full article at the above link.

Here’s what the most recent USDOS Country Report says about human rights in Rwanda:

Significant human rights issues included credible reports of: unlawful or arbitrary killings by the government; forced disappearance by the government; torture or cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary detention; political prisoners or detainees; politically motivated reprisals against individuals located outside the country, including killings, kidnappings, and violence; arbitrary or unlawful interference with privacy; serious restrictions on free expression and media, including threats of violence against journalists, unjustified arrests or prosecutions of journalists, and censorship; serious restrictions on internet freedom; substantial interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws on the organization, funding, or operation of nongovernmental and civil society organizations; serious and unreasonable restrictions on political participation; and serious government restrictions on or harassment of domestic and international human rights organizations.

https://www.state.gov/wp-content/uploads/2022/03/313615_RWANDA-2021-HUMAN-RIGHTS-REPORT.pdf

Sound like a “safe third country” to you? Gimmie a break! The genocide may be in the (not that distant) past, but it’s still a horrible place from a human rights standpoint! Not to mention, that as a tiny, poor country it has virtually no ability to absorb large numbers of refugees, particularly compared with the UK!

Sunak and the other cowardly UK Tory pols who cooked up and continue to defend this ludicrous scheme should go down in history as guilty of “crimes against humanity” — not to mention grotesque violations of common sense and human dignity. 

Wanton cruelty, immorality, lies, intellectual dishonesty, scofflaw behavior from right wing politicos! Sound familiar? Always interesting how those who pontificate about “law and order” can’t abide by their own laws!

🇺🇸 Due Process Forever!

PWS

11-15-23