TAL KOPAN AT CNN: DACA IN PERIL –“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended!”

http://www.cnn.com/2017/07/12/politics/daca-jeopardy-kelly/index.html

Tal Reports:

“Washington (CNN)The DACA program, which protects undocumented immigrants brought to the US as children, could be in serious jeopardy, President Donald Trump’s secretary of Homeland Security told lawmakers Wednesday.

Secretary John Kelly told Democrats of the Congressional Hispanic Caucus that while he personally supports the program, he could not commit to the Trump administration defending it, according to members in attendance and Kelly’s spokesman, David Lapan.
Kelly said that legal experts he’s talked to both inside and outside the administration have convinced him that it is unlikely the DACA program, the Obama administration’s Deferred Action for Childhood Arrivals executive action, would sustain a court challenge.
Kelly said he has discussed DACA with Attorney General Jeff Sessions but wouldn’t describe the contents of those conversations. Sessions is an immigration hard-liner who has been outspoken against the Obama administration policy.
“He did not indicate that they would (defend it). He didn’t say that they wouldn’t, but he didn’t say that they would,” said New Jersey Democratic Sen. Bob Menendez. “So between that and what he says is the legal analysis he’s heard, it’s not a pretty picture.”
The issue may be forced later this year. There is a pending lawsuit on a related program, deferred action for parents of childhood arrivals, that will come up in September, and attorneys general from 10 states are threatening to add DACA to their complaints, which could force the administration to defend or abandon it.
Kelly suggested to lawmakers they work to pass immigration reform, but lawmakers expressed frustration that Kelly seemed to ignore the difficulty of passing legislation and the Republican opposition to extending DACA. They were also unhappy he seemed unaware there were any bills to make the program permanent, including the bipartisan BRIDGE Act and other proposals including from some Republicans — “to which there was a combination of laughter and appalled shock in the room,” said California Rep. Nanette Barragán.
. . . .
“If you’re going to count on Jeff Sessions to save DACA, then DACA is ended,” Illinois Rep. Luis Gutiérrez said.”
****************************************************
Read Tal’s complete article at the link.
The Trump Administration probably could garner bipartisan support for some sort of long-term legislative relief for “DACA/Dreamers.” But, so far, they haven’t shown much interest in doing so.
PWS
07-13-17

 

7th Slams IJ, BIA For Mishandling Of Credibility, Corroboration Issues In Moldovan Asylum Case — COJOCARI V. SESSIONS!

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D07-11/C:16-3941:J:Hamilton:aut:T:fnOp:N:1992923:S:0

Key quote:

“We do not often see a timely asylum case where the applicant is a citizen of a country infamous for corruption and political oppression and presents a broadly consistent narrative and substantial corroboration. Yet Cojocari has done just that.

No. 16‐3941 27

Granted, his testimony includes a handful of minor discrep‐ ancies, and a couple of these—notably the timeline involving his university enrollment and the details of his October 2009 hospitalization—might have supported a plausible adverse credibility finding. But most of the discrepancies on which the immigration judge relied are so trivial or illusory that we have no confidence in her analysis or in the Board’s decision resting on that analysis.

Cojocari is entitled to a fresh look at his prior testimony and the evidence he supplied in support of his application for asylum, withholding of removal, and protection under the CAT. We therefore grant the petition for review. We urge the Board to assign this case to a different immigration judge for the remand proceedings. That is the best way to ensure that Cojocari gets the fair shake he deserves. E.g., Castilho de Oliveira v. Holder, 564 F.3d 892, 900 (7th Cir. 2009); Tadesse v. Gonzales, 492 F.3d 905, 912 (7th Cir. 2007); Bace v. Ashcroft, 352 F.3d 1133, 1141 (7th Cir. 2003); cf. Cir. R. 36 (7th Cir. 2016) (cases remanded for new trial are presumptively assigned to a different district judge).

On remand, the immigration judge should allow counsel for both sides to supplement the record if there is additional evidence (such as Cojocari’s medical book or an updated re‐ port on the political landscape in Moldova) that would assist the judge in assessing the risk of persecution or torture that Cojocari would face if deported.

The petition for review is GRANTED, the decision of the Board of Immigration Appeals is VACATED, and the case is REMANDED to the Board for further proceedings consistent with this opinion.”

PANEL: Chief Judge Wood, Circuit Judges Manion and Hamilton.

OPINION BY: Judge Hamilton

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

Gee, who needs training when things like this can get through the system?

 

PWS

07-13-17

 

NEW SUIT IN CAL. ALLEGES THAT DHS FLOUTS ASYLUM LAW AT BORDER!

https://www.buzzfeed.com/adolfoflores/us-officials-accused-of-intimidating-asylum-seekers?utm_te

Adolfo Flores writes in BuzzFeed News:

“Border agents are systematically intimidating and turning away asylum seekers at the US–Mexico border, a lawsuit filed on Wednesday alleges.

The federal class-action lawsuit filed in US District Court in California by immigrant rights groups alleges that US Customs and Border Protection agents have told migrants that “Donald Trump just signed new laws saying there is no asylum for anyone.” They have also allegedly coerced asylum seekers into signing forms abandoning their claims by threatening to take their children away.

“CBP’s illegal conduct is occurring as a humanitarian crisis drives vulnerable people experiencing persecution in their home countries to seek refugee protection in the United States,” the complaint states.

CBP said in a statement that it does not comment on pending litigation.

One of the plaintiffs, identified as Abigail Doe in the complaint, is a Mexican native with two children under the age of 10. She attempted to flee Mexico after the cartels threatened to kill her family.

Lenny Ignelzi / AP

She arrived in Tijuana with her two kids and approached border agents at the San Ysidro point of entry. The lawsuit states CBP agents coerced her into recanting her fear of staying in Mexico and signing a form withdrawing her application for admission to the US.

Abigail Doe and other women in the lawsuit said they were told by agents that if they continued to pursue their asylum claims they would be separated from their children.

“As a result of this coercion, the form falsely states that [Abigail Doe] and her children were unable to access the asylum process and were forced to return to Tijuana, where they remain in fear for their lives,” the lawsuit states.

Another woman, identified as Dinora Doe from Honduras, presented herself to US border authorities after her and her 18-year-old daughter were threatened and repeatedly raped by MS-13 gang members. The complaint accuses CBP officials of misinforming Dinora Doe of her rights under US law, and denying her the chance to apply for asylum.

The lawsuit also names Al Otro Lado, a legal aid organization that helps migrants on both sides of the border, as a plaintiff because it has allegedly been forced to divert significant resources to counteract CBP’s actions.”

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

The article with a copy of the plaintiffs’ filing is at the link.

While the Trump Administration often disingenuously pontificates about the “rule of law,” in fact, they appear to have little concern for the Constitution, the Immigration and Nationality Act, International Treaties and Conventions, and a host of other legal requirements.

PWS

07-12-17

“STOPPING IMMIGRATION SERVICES SCAMS” — A New Tool For Advocates And Lawmakers!

Prepared by the Catholic Legal Immigration Network, Inc. (“CLINIC”) and The Washington College of Law at American University.  Here it is:

Stopping-Immigration-Services-Scams-A-Tool-for-Advocates-and-Lawmakers

PWS

07-12-17

 

ANOTHER SETBACK FOR TRUMP ADMINISTRATION AS U.S. JUDGE IN DETROIT BLOCKS IRAQI DEPORTATIONS!

https://patch.com/michigan/detroit/u-s-iraqi-deportation-hold-until-court-review-detroit-judge

AP reports:

“DETROIT, MI — A federal judge Tuesday halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution, while courts review the orders to remove them from the U.S. Judge Mark Goldsmith issued a 24-page opinion asserting jurisdiction in the case over the objection of the Justice Department, which argued U.S. district judges do not have jurisdiction.

“This Court concludes that to enforce the Congressional mandate that district courts lack jurisdiction — despite the compelling context of this case — would expose Petitioners to the substantiated risk of death, torture, or other grave persecution before their legal claims can be tested in a court,” Goldsmith wrote in a 24-page opinion.

Goldsmith earlier blocked the deportations while he considered whether he had jurisdiction over the case. (For more local news, click here to sign up for real-time news alerts and newsletters from Detroit Patch, click here to find your local Michigan Patch. Also, like us on Facebook, and if you have an iPhone, click here to get the free Patch iPhone app.)

Many of the Iraqis, including 114 rounded up in the Detroit area last month who are mostly Christians, fear attacks over their religion if returned to Iraq. The government says they face deportation because they committed crimes in the U.S.

Goldsmith earlier extended a ruling suspending the deportation of the 114 while he considered jurisdiction to all Iraqi nationals in the U.S.

The U.S. government said 1,400 Iraqis are under deportation orders nationwide, though most are not in custody. Some have been under orders for years because they committed crimes in the U.S. But legal action over deportations took on new urgency because Iraq has agreed to accept them.

The American Civil Liberties Union said a suspension is necessary so Iraqi nationals can go to immigration court and argue that their lives would be in jeopardy if returned to their native country. Without some intervention, the ACLU contends that people could be deported before their case is called.

Goldsmith scheduled a Wednesday hearing to discuss several matters in the case, including a request from the Iraqis for a preliminary injunction barring the deportations.”

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

Seems like these folks should have their cases reviewed by a U.S. Immigration Judge based on current conditions in Iraq.

PWS

07-12-17

UNTRAINED JUDGES + GONZO POLICIES = DUE PROCESS NIGHTMARE IN U.S. IMMIGRATION COURTS!

https://www.washingtonpost.com/opinions/immigration-judges-were-always-overworked-now-theyll-be-untrained-too/2017/07/11/e71bb1fa-4c93-11e7-a186-60c031eab644_story.html?hpid=hp_no-name_opinion-card-e%3Ahomepage%2Fstory&utm_term=.35cde7464fad

Sarah Sherman-Stokes writes in an op-ed in today’s Washington Post:

“Sarah Sherman-Stokes is a clinical instructor and the associate director of the Immigrants’ Rights and Human Trafficking Program at Boston University School of Law.

America’s immigration judges have long been overburdened and under-resourced. One immigration judge has compared her job to “doing death-penalty cases in a traffic-court setting.” The stakes are high, while support and procedural protections for noncitizens facing deportation are negligible. It’s no surprise, then, that immigration judges suffer greater stress and burnout than prison wardens or doctors in busy hospitals.

Now, the Trump administration is making a difficult situation almost untenable. In an effort to expand and accelerate the deportation machine, the Trump administration has hit immigration judges with a one-two punch: dramatically increasing their caseloads and, at perhaps the worst time, canceling the annual week-long training conference for immigration judges. The impact on the entire removal system — and, more importantly, on the rights and lives of our most vulnerable noncitizen neighbors — will be devastating.

On average, an immigration judge completes more than 1,500 cases per year, with a ratio of 1 law clerk for every 4 judges, according to a recent report of the National Association of Immigration Judges. By comparison, the typical district court judge trying civil suits has a pending caseload of 400 cases and three law clerks for assistance.

This imbalance is poised to deteriorate even further. In January, the administration issued an executive order that effectively repealed and replaced a tiered system of immigration enforcement and removal priorities crafted by the Obama administration, which focused deportation efforts on the most serious offenders. President Trump’s executive order places a priority on every noncitizen suspected of violating the law. This includes noncitizens who have been charged with (but not convicted of) any offense or who have committed acts that constitute a criminal offense (though they have been neither charged nor arrested). In fact, a recently leaked February 2017 memo from an Immigration and Customs Enforcement official is even more explicit, instructing ICE agents to “take enforcement action against all removable aliens encountered in the course of their duties.” It adds that the agency “will no longer exempt classes or categories of removable aliens from potential enforcement.”

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

Read the complete article at the link.

How much longer does this due process and administrative disaster have to go on before the U.S. Immigration Courts are taken out of the Justice Department and authorized to operate as an independent Article I judiciary?

PWS

0712-17

ANXIETY RAMPS UP FOR UNDOCUMENTED PARENTS OF US CITIZENS!

https://www.thecut.com/2017/07/undocumented-parents-deportation-ice-agents-trump-immigration.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Cut%2520-%2520July%252011%252C%25202017&utm_term=Subscription%2520List%2520-%2520The%2520Cut%2520%25281%2520Year%2529

Kim Brooks reports in The Cut:

“Yolanda already knows what it feels like to leave a child behind.

She left three in her native Guatemala just over two decades ago. “I had to decide so quickly,” she told me. “My husband had already crossed. My mother told me to go, to send money back to them, and that the children would follow when they were old enough.” They were 16 months, 7, and 9. Twenty-one years later, she’s still waiting.

 

Since she came to America, Yolanda has had another daughter. She’s 8 years old, and she has autism, which makes the struggle to establish an ordinary American life even harder. And then there’s the fact that, like more than 11 million other people in America, Yolanda is an undocumented immigrant. While her status has always been insecure, the risks it posed always seemed like an abstraction, and her community in Staten Island seemed to be mostly on her side. Then Donald Trump was elected president, and the incendiary rhetoric about immigrant communities that he had used on the campaign trail became an almost unbelievable reality. Suddenly, the future is as painful for Yolanda to contemplate as the past.

Image
El Centro del Inmigrante, an educational organization and worker center in Port Richmond, Staten Island. Photo: David Cortes. Photo Editor: Biel Parklee.
“My biggest fear,” she said through a translator, as we sat across from each other in a small office at El Centro del Inmigrante, a community-based educational organization and worker center in the Port Richmond neighborhood of Staten Island, “is that I’ll be deported and my daughter will have to stay here. I have nobody to leave her with. But I’m also afraid of having to bring her back to a country where they won’t have any of the services she needs.”

The prospect of leaving her daughter behind is especially frightening because of her autism. “I have to monitor her constantly. I help her with everything she does. I tie her shoes, feed her. She sleeps with me. No one’s going to do that the way I do. Who would ever be able to take my place?”

The political transformation that forced such questions to the front of Yolanda’s mind began almost as soon as Trump came into office. An executive order signed in January mandated the detention of any undocumented person with or without a criminal record, just so long as he or she “pose[s] a risk to national security” in the thoroughly undefined “judgment of an immigration officer.” It also authorized the hiring of an additional 10,000 ICE agents. Meanwhile, those already in place seemed to interpret their role differently right away. In the first three months of 2017, the Washington Post reported, ICE arrested 5,441 undocumented immigrants without criminal records; in the same period last year, the number was less than half of that. And last Friday ICE announced what it called a “surge initiative,” a program to arrest immigrant parents who hire smugglers to bring their children to join them. Immigration advocates call the program “unimaginably cruel.”

In her community in Staten Island, which once seemed to Yolanda like a haven, the national picture seems to be encroaching with disturbing speed. In February, five Mexican immigrants in the borough were picked up in ICE raids, part of a wider sweep across New York City that led to a total of 41 arrests. In June, ICE arrested a teenager in New York State on the day of his senior prom. In this new climate, undocumented parents are panicking: flooding El Centro’s offices, desperate for information, trying to understand what Trump’s promise to deport as many undocumented immigrants as possible will mean for them. El Centro is scrambling to respond to the overwhelming new demand for its services, setting up workshops to help parents better understand their options, helping frightened parents apply for the services for their U.S.-born children, and providing up-to-date information on new enforcement measures. “We’ve been around since 1997,” said Favio Ramirez-Caminatti, the nonprofit’s executive director. “We’ve never seen a situation like this.”

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

Read the complete story at the link!

America needs a realistic legalization program.

 

PWS

07-11-17

 

 

 

The “Gibson Report” For July 10, 2017 — “Special Edition” Covering Two Weeks!

Here it is:

Gibson Report, July 10, 2017

PWS

07-11-17

REVEAL: DUE PROCESS OUTRAGE — DHS MOVES TO DEPORT VULNERABLE CHILDREN WHO HAVE BEEN APPROVED FOR GREEN CARDS — FEDERAL COURTS NEED TO STEP UP TO THE PLATE AND END THE MISUSE OF EXPEDITED REMOVAL BY DHS!

https://www.revealnews.org/article/a-judge-said-these-kids-get-a-green-card-ice-says-they-get-deported/

Bernice Yeung writes in Reveal:

. . . .

“A Pennsylvania judge and the U.S. Citizenship and Immigration Services, a branch of the Department of Homeland Security, have decided that V.G. deserves to stay in the United States.

But another arm of department, Immigration and Customs Enforcement, says he must go. And, under what’s known as “expedited removal,” immigration officials can skip the traditional removal process in front of immigration judges.

Instead, officials are given wide latitude to deport migrants under expedited removal, if those migrants are captured within 100 miles of the U.S. border, have been in the country for less than two weeks and don’t have valid travel documents.

Under this deportation regime, the U.S. government has freedom to deport migrants like V.G. and his mother – who were found soon after they crossed the border without immigration papers – with little due process and limited ways for migrants to contest the order.

President Barack Obama made wide use of the policy, and President Donald Trump favors expanding it further.

Created in 1996, the expedited removal policy has been controversial since the start. Those who seek to tighten the borders laud the policy for its efficiency and for promoting deterrence. But immigrant and asylum advocates say that it lacks checks and balances and gives too much discretion to border patrol agents.

But it’s a policy susceptible to errors without a meaningful process to correct them.

Once an immigration official has placed a migrant into expedited removal, there are few ways to contest it. People who can show they are authorized to live in the country are able to challenge expedited removal in federal court. Asylum-seekers also have a chance to make a case that they have a fear of returning to their home countries, but they cannot appeal an unfavorable decision.

Everyone else is returned to their home countries as quickly as possible. They are then barred from returning to the United States for five years.

The U.S. Commission on International Religious Freedom, which has observed expedited removal proceedings since 2005, has found “serious flaws placing asylum seekers at risk of return to countries where they could face persecution.” The ACLU has also documented a case of an asylum-seeker who was quickly deported, only to be raped after she was sent back across the southern border.

Multiple U.S. citizens have been accidentally deported through expedited removal. Foreign workers and tourists with valid visas have also been turned away, prompting a judge to write in a 2010 decision that the expedited removal process is “fraught with risk of arbitrary, mistaken, or discriminatory behavior.”

Nonetheless, various courts across the country have agreed that the law is clear: The courts cannot intercede in expedited removal cases, even if there’s a reason to believe the outcome was unjust.

This has put kids like V.G. in legal limbo, stuck between two competing government mandates. They have a special status to stay in the United States. At the same time, the Department of Homeland Security says it has the authority to deport them.

Immigration officials declined to comment on pending litigation. But in court documents filed in V.G.’s case, the government says the children’s deportation orders are final and their special status doesn’t change things, especially since they have not yet received their green cards.

V.G.’s attorneys argue, among other things, that a federal court has previously required the government to revisit the deportation orders of children once they’re granted the humanitarian status.

That requirement, they say, also extends to expedited removal cases.”

. . . .

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

In addition to being bad policy, this clearly isn’t due process! It’s time for Federal Judges get out of the ivory tower and start enforcing the requirements of our Constitution! Assuming that recent arrivals apprehended at the border with no claim to stay in the U.S. might not get full judicial review (a proposition that I question), these kids are different, having been approved for green cards and merely waiting in line of a number to  become available in the near future. In the past, the policy of the DHS has invariably been to allow such individuals to remain in the U.s. pending availability of a visa number — even when that process might take years.

Thanks much to Nolan Rappaport for spotting this item and forwarding it to me!

PWS

07-10-17

WHITE NATIONALISTS IN WHITE HOUSE AIM TO STRIP VISA AND REFUGEE FUNCTIONS FROM STATE DEPT!

https://www.washingtonpost.com/opinions/global-opinions/battle-emerging-inside-trump-administration-over-who-controls-immigration-and-refugees/2017/07/09/006c6e9a-6357-11e7-8adc-fea80e32bf47_story.html?hpid=hp_no-name_opinion-card-c%3Ahomepage%2Fstory&utm_term=.afef8f7696dd

Josh Rogin writes in a WashPost op-ed:

“When President Trump spoke of the need to defend Western civilization in Poland last week, many saw an effort by him and some of his top White House advisers to redefine the mission of American foreign policy away from building relationships and spreading democratic principles, to a more protective stance drawing sharp lines between the United States and those perceived as threats.

One emerging flash point in that struggle is the internal administration debate over which part of the government should be in charge of deciding who gets into the United States.

Ever since the passage of the Immigration and Nationality Act in 1952, that mission has been charged to the State Department. Thousands of diplomats not only stamp passports and issue visas, but also craft policy and make recommendations about who gets to visit, work and seek refuge in the United States. That tradition has now come into question.

A document crafted by senior White House advisers, first reported by CNN, includes proposals to move the State Department’s Bureau of Consular Affairs and Bureau of Population, Refugees and Migration over to the Department of Homeland Security. White House policy adviser Stephen Miller, who helped craft the document, has reportedly been pushing Secretary of State Rex Tillerson to get “tougher” on immigration, vetting and refugee policy at the State Department.

. . . .

That nativist strain in the White House is represented by Miller, who was the principal author of Trump’s travel ban, which targeted six Muslim-majority countries, as well as of Trump’s speech last week in Poland, which cast the mission of U.S. foreign policy as one based on threats, not relationships.

“The fundamental question of our time is whether the West has the will to survive,” Trump said. “Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”

Viewing immigration and refugee programs through that lens alone is the opposite of courage. Only through a humane, non-discriminatory approach, led by diplomats and integrated with the rest of American foreign policy, can the United States achieve long-term stability abroad and security at home.”

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

Sometimes, all you need to know about a “bureaucratic reorganization” is who is sponsoring it. On its face, combining all immigration related functions in one agency could make sense and has been discussed in various forums for years. But, once we know that racist white nationalist Stephen Miller, a disciple of Steve Bannon and Jeff Sessions, is sponsoring the proposal, it’s obvious that it has nothing to do with efficiency or security and everything to do with advancing a racist, xenophobic, white nationalist agenda. That an out of touch, anti-social, extremist like Miller, who has no known positive accomplishments in his life, should be in the White House and shaping national and international policy should be of concern to every American who believes in the tenants of Western liberal democracy.

PWS

07-09-17

 

 

JAMELLE BOUIE IN SLATE: Trump’s Hypocritical “Defense Of Western Values” Is Really About White Nationalism!

http://www.slate.com/articles/news_and_politics/politics/2017/07/the_white_nationalist_roots_of_donald_trump_s_warsaw_speech.html

Bouie writes:

“Thus far, Donald Trump has governed as a typical Republican president, with the usual suite of tax cuts, deregulation, and conservative nominees for the federal bench. The difference is that unlike his predecessors, Trump isn’t rooted in the tenets of conservativism. Indeed, as a man of id and impulse, it’s hard to say he’s rooted in anything. To the extent that he does have an ideology, it’s a white American chauvinism and its attendant nativism and racism. It was the core of his “birther” crusade against Barack Obama—the claim that for reasons of blood and heritage, Obama couldn’t be legitimate—and the pitch behind his campaign for president. Trump would restore American greatness by erasing the racial legacy of Obama’s presidency: the Hispanic immigration, the Muslim refugees, the black protesters.

Jamelle BouieJAMELLE BOUIE

Jamelle Bouie is Slates chief political correspondent.

This is the reason Trump’s campaign attracted, and his administration employs, men like Jeff Sessions, Stephen Bannon, and Stephen Miller. Sessions, a staunch opponent of federal civil rights enforcement and proponent of radical immigration restriction. Miller, his protégé, whose young career is marked by the same contempt for racial pluralism. Bannon, an entrepreneur with intellectual pretensions whose literary touchstones include virulently racist propaganda, and who brought that sensibility to Breitbart, a news website where “black crime” was a vertical and writers churn out stories on dangerous Muslims. Each shares a vision of a (white) America under siege from Hispanic immigration to the South and Islam to the East. All three are influential in the Trump White House as strategists and propagandists, taking the president’s impulses and molding them into a coherent perspective.

That is the key context for President Trump’s recent remarks in Warsaw, Poland, where he made a defense of “Western civilization.” He praised Poland’s resilience in the face of Nazi aggression and Soviet domination (and stayed quiet on Nazi collaboration within Poland), and celebrated the nation as a beacon of Western values. “A strong Poland is a blessing to the nations of Europe, and they know that. A strong Europe is a blessing to the West and to the world.” (It should be said that U.S. allies in Western Europe are less enthusiastic about the current right-wing Polish government.) From here, Trump presented the West as an empire under siege: “We have to say there are dire threats to our security and to our way of life. You see what’s happening out there. They are threats. We will confront them. We will win.”

Although marked by Trump’s characteristic bombast, much of this was in line with past presidential rhetoric, especially during the Cold War when American presidents routinely engaged in this kind of clash of civilizations rhetoric. (It is unclear, though, if previous presidents would have endorsed a narrative that erases victims of Polish anti-Semitism.)

But this isn’t the Cold War. The Soviet Union no longer exists. For Trump then, what are these “dire threats”? The chief one is “radical Islamic terrorism” exported by groups like ISIS. But he doesn’t end there. For Trump, these threats are broader than particular groups or organizations; they are internal as well as external.

“We must work together to confront forces, whether they come from inside or out, from the South or the East, that threaten over time to undermine these values and to erase the bonds of culture, faith, and tradition that make us who we are,” said Trump. “If left unchecked, these forces will undermine our courage, sap our spirit, and weaken our will to defend ourselves and our societies.”

Not content to leave his message understated, Trump hammered home this idea in a subsequent line. “The fundamental question of our time is whether the West has the will to survive,” said the president, before posing a series of questions: “Do we have the confidence in our values to defend them at any cost? Do we have enough respect for our citizens to protect our borders? Do we have the desire and the courage to preserve our civilization in the face of those who would subvert and destroy it?”

In the context of terrorism specifically, a deadly threat but not an existential one, this is overheated. But it’s clear Trump has something else in mind: immigration. He’s analogizing Muslim migration to a superpower-directed struggle for ideological conquest. It’s why he mentions “borders,” why he speaks of threats from “the South”—the origin point of Hispanic immigrants to the United States and Muslim refugees to Europe—and why he warns of internal danger.

This isn’t a casual turn. In these lines, you hear the influence of Bannon and Miller. The repeated references to Western civilization, defined in cultural and religious terms, recall Bannon’s 2014 presentation to a Vatican conference, in which he praised the “forefathers” of the West for keeping “Islam out of the world.” Likewise, the prosaic warning that unnamed “forces” will sap the West of its will to defend itself recalls Bannon’s frequent references to the Camp of the Saints, an obscure French novel from 1973 that depicts a weak and tolerant Europe unable to defend itself from a flotilla of impoverished Indians depicted as grotesque savages and led by a man who eats human feces.

For as much as parts of Trump’s speech fit comfortably in a larger tradition of presidential rhetoric, these passages are clear allusions to ideas and ideologies with wide currency on the white nationalist right.

Defenders of the Warsaw speech call this reading “hysterical,” denying any ties between Trump’s rhetoric in Poland and white nationalism. But to deny this interpretation of the speech, one has to ignore the substance of Trump’s campaign, the beliefs of his key advisers, and the context of Poland itself and its anti-immigrant, ultranationalist leadership. One has to ignore the ties between Bannon, Miller, and actual white nationalists, and disregard the active circulation of those ideas within the administration. And one has to pretend that there isn’t a larger intellectual heritage that stretches back to the early 20thcentury, the peak of American nativism, when white supremacist thinkers like Madison Grant and Lothrop Stoddard penned works with language that wouldn’t feel out of place in Trump’s address.

“Unless we set our house in order, the doom will sooner or later overtake us all. And that would mean that the race obviously endowed with he greatest creative ability, the race which had achieved most in the past and which gave the richer promise for the future, had passed away, carrying with it to the grave those potencies upon which the realization of man’s highest hopes depends,” wrote Stoddard in his 1920 book The Rising Tide of Color Against White World-Supremacy. Compare this to the crest of Trump’s remarks in Warsaw, which follows his warning of internal threat and his praise of Western civilization:

What we have, what we inherited from our—and you know this better than anybody, and you see it today with this incredible group of people—what we’ve inherited from our ancestors has never existed to this extent before. And if we fail to preserve it, it will never, ever exist again.

Those lines fit comfortably into a long history of white nationalist rhetoric. They in no way resemble Ronald Reagan’s words in Berlin or John Kennedy’s speeches in defense of the “free world.”

To read those previous presidential speeches is to see what makes Trump distinctive. Kennedy and Reagan defined “the West” in ideological terms—a world of free elections and free markets. It’s an inclusive view; presumably, any country that adopts these institutions enters that community of nations. For Trump, “the West” is defined by ties of culture and religion. It’s why a government that disdains democratic institutions, like Poland’s, can still stand as a vanguard of Western civilization, and why Muslim immigration is a chief threat to the integrity of Europe. What makes this racial is its relationship to Trump’s other rhetoric. If Western civilization is defined by religion and culture, then Mexico—with its Catholic heritage and historic ties to European monarchies—is unquestionably an outpost of “the West.” But for Trump and his advisers, it too is a threat to the Western order.

Donald Trump went to Europe and, in keeping with his campaign and influences, gave a speech with clear links to white nationalist thought. To pretend otherwise, to ignore the context of this address—to place Trump in a vacuum of history and politics, divorced from his own persona—is, at best, to cross the line into willful ignorance.”

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

Trump has clearly shown himself to be a person of no values whatsoever. Although his xenophobic, white nationalist/racist agenda appears to be little more that political opportunism — parroting concepts developed by Sessions, Bannon, Miller & company — that doesn’t make it any less problematic — or dangerous.

PWS

07-07-17

 

CNN’S TAL KOPAN ON SANCTUARY CITIES: Trump Administration’s Statements Continue To Be a Goldmine Of Evidence For Opponents!

http://www.cnn.com/2017/07/07/politics/sanctuary-cities-trump-administration-words/index.html

Tal reports:

“Washington (CNN)The Trump administration does not shy away from tough rhetoric, and lawyers representing sanctuary cities are hoping that will come back to haunt it in court.

Attorneys representing Santa Clara County in California petitioned a federal judge late Thursday to enter a collection of statements made by members of the administration into the record in their case, saying that the administration’s public statements directly contradict what Justice Department lawyers are arguing before the court.
It’s the latest example of attorneys trying to use the public statements of the Trump administration against itself, a theme in court battles designed to try to block pieces of President Donald Trump’s agenda.
Santa Clara County is the lead plaintiff in a case challenging a piece of Trump’s January executive order on immigration that targeted sanctuary jurisdictions, a catch-all term generally used to describe states, cities and localities that do not fully cooperate with federal immigration enforcement.
The federal judge in the case in April blocked the administration from enforcing part of the order — a broad threat to take away federal funding from jurisdictions determined to be so-called sanctuaries.
The judge allowed a narrow interpretation of the threat to be enforced, hinging on a small piece of US law that requires localities to transmit immigration information about individuals to the federal government when asked. The judge said the government could withhold a small subset of federal grants related to law enforcement if cities didn’t comply with that law — a requirement already put in place as a precondition for those grants late in the Obama administration.
Despite months of statements that the administration would seek to potentially take away more grant monies for a broader range of perceived noncooperation from jurisdictions, the Justice Department in May released guidance clarifying that the narrow range of actions allowed by the federal judge were the only punishment the government intended to pursue.
After that, the Justice Department asked the court to dismiss the case, based in part on the new guidance.
But attorneys for Santa Clara County are asking the court to not buy the government’s argument, pointing to statements since the guidance that go far beyond what it says.
Attorneys are asking the judge to allow them to file an additional argument in the case, which compiles those statements.
Examples include testimony of Immigration and Customs Enforcement acting Director Thomas Homan before Congress in June, where he said the government expects “not only sharing the information, but (to) allow us access to the jails” — the latter piece of which is not required by US law. The attorneys also note that Homeland Security Secretary John Kelly told Congress three days after the guidance memo: “With respect to ‘the Sanctuary Cities thing,’ he said: ‘Frankly, I don’t really know what it means. I don’t think anyone out there knows what it means.'”
The attorneys argue that because of the administration officials’ comments, the court can’t simply rely on the guidance memo from the Justice Department — accusing the administration of more than “moving the goalposts.”
“Defendants’ shifting positions, clarifications, and interpretations of the Executive Order make clear why the Court’s injunction is necessary,” the attorneys wrote. “Between counsel’s representations, the AG memorandum, relevant congressional testimony, and the President’s own statements, defendants aren’t merely moving the goalposts in this litigation; they’re switching sports entirely.”
*******************************************************
Read Tal’s complete article at the link.
Arrogance and ignorance are usually a toxic combination in litigation.
PWS
07-07-17

KATHERINE M. REILLY NAMED ACTING DEPUTY DIRECTOR OF EOIR — Also, My “Mini-History” Of EOIR Directors

Here’s the official DOJ press release:
FOR IMMEDIATE RELEASE
Monday, July 3, 2017

Executive Office for Immigration Review Announces New Acting Deputy Director

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Katherine H. Reilly as the agency’s Acting Deputy Director. Ms. Reilly has served as Chief Counsel of the Employee and Labor Relations Unit within EOIR’s Office of General Counsel since December 2013.

“Katherine’s varied and impressive legal experience makes her well-suited for assuming the position of Acting Deputy Director at EOIR, especially during this important time when we are mobilizing all of our resources to combat a growing caseload,” said Acting Director James McHenry. “The skills she has acquired as a manager and through her work in employee and labor relations are critical for the agency, both to meet its current challenges and to establish effective policies and procedures for the future.”

In her new capacity as Acting Deputy Director, Ms. Reilly will supervise EOIR’s components and will be responsible for assisting in leading the agency in formulating and administering policies and strategies which enhance EOIR’s effectiveness in fulfilling its core mission of adjudicating cases fairly, expeditiously, and uniformly

Katherine H. Reilly joined EOIR in December 2013 as Chief Counsel of the Employee and Labor Relations Unit within the Office of General Counsel. Prior to her tenure with EOIR, she was the Director of Legal Services for the U.S. Postal Service Office of Inspector General, managing that agency’s employee relations team, civil litigation section, and contracting division. Ms. Reilly also served as a Special Assistant U.S. Attorney for criminal prosecutions in the Northern District of Texas. She began her career with the Federal Trade Commission as an antitrust attorney and also worked for a law firm, advising corporate clients on antitrust and commercial litigation. Ms. Reilly received her Bachelor of Arts and Juris Doctor degrees from the University of Texas at Austin and earned a Master of Laws degree from the University of Melbourne, Australia. Ms. Reilly is a member of the District of Columbia and Virginia bars.

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

Congratulations, good luck and best wishes to Acting Deputy Director Reilly.

And, here’s my “Mini-History of EOIR Directors:”

EOIR MINI-HISTORY: DIRECTORS AND DEPUTY-DIRECTORS

by Paul Wickham Schmidt

U.S. Immigration Judge (Retired) & Adjunct Professor of Law, Georgetown Law

 

When EOIR was created within the DOJ in 1983, it merged the previously “stand-alone” Board of Immigration Appeals (“BIA”) with the Immigration Judges, who were previously part of the “Legacy” Immigration and Naturalization Service “INS”). David Milhollan, who was then the Chairman of the BIA also (somewhat reluctantly) became EOIR’s first Director, while retaining his position as Chair, thereby effectively merging the positions of Director and Chair.

 

Upon Milhollan’s retirement, in 1995 the positions were separated to increase the decisional independence of the BIA. For awhile, Jack Perkins, then Chief Administrative Hearing Officer, served as Acting Director. Attorney General Janet Reno named long-time DOJ Senior Executive Anthony C “Tony” Moscato, who had most recently served as the Director of the Executive Office for U.S. Attorneys, the second Director. I was appointed to the now separate position of BIA Chair. Moscato and I had significant roles in the 1983 creation of EOIR.

 

Moscato, noting the growth of EOIR’s functions, recommended the creation of the position of EOIR Deputy Director. Attorney General Janet Reno appointed Kevin D. Rooney as the first Deputy Director. Rooney had served as the Assistant Attorney General for Administration during several Administrations and was in private practice at the time of his appointment.

 

Eventually, Moscato sought and received appointment as a BIA Member. (Thereby going from my “immediate supervisor” to my “direct subordinate,” although these terms make little sense in the EOIR context because neither the Director nor the Chairman has authority to direct the decision-making of Board Members). Rooney succeeded Moscato as the third Director. Then EOIR General Counsel Peg Philbin became the Deputy Director.

 

Philbin served as Acting Director while Rooney was the Acting Commissioner of the INS for a few months during the Bush Administration (uh, talk about conflicts and perceptions, but that really wasn’t a strong point for the Bush II Administration either), but she eventually left EOIR to become a Senior Executive at the State Department. Then Board Member Kevin Ohlson replaced her as Deputy Director. Upon Rooney’s retirement, Deputy Director Ohlson succeeded him as the fourth Director. Ohlson had also held a number of Senior Executive positions within the DOJ prior to his brief stint as a Board Member.

 

When Eric Holder became Attorney General, Ohlson left EOIR to become his Chief of Staff. After some time, during which Judge Thomas Snow served as Acting Director, Juan P. Osuna, then a Deputy Assistant Attorney General in the Civil Division, became the fifth Director. Osuna had also been BIA Chair, BIA Vice Chair, and a Board Member. Ana M. Kocur, then a BIA staff supervisor, was selected to be Osuna’s Deputy.

 

Upon the departure of Osuna and Kocur in May 2017, both the top executive positions in EOIR became vacant. Interestingly, while two former BIA Chairs, Milhollan and Osuna, became Directors, EOIR has never had a Director who had served as a U.S. Immigration Judge at the trial level of the system, although the Immigration Judge program is by far the largest “adjudicating component” of EOIR.

 

Also, no former Immigration Judge has ever held the Deputy Director position. However, as noted above, one current Immigration Judge, Judge Thomas Snow, held the position of Acting Director during the interim between Ohlson’s departure and Osuna’s appointment. Snow, a former top executive in the DOJ’s Criminal Division before his appointment to the bench, was well regarded and well liked by the sitting Immigration Judges. Reportedly, he was offered the position on a permanent basis, but turned it down to return to the Arlington Immigration Court bench where he remains (thus having “outlasted” Osuna).

 

The Director is an unusual position in that as a non-judicial official, he or she is specifically excluded from having any substantive role in EOIR’s sole function: quasi-judicial adjudication. In a future, better-functioning, independent U.S. Immigration Court system, the Chief Appellate Judge (now BIA Chair) would resume the formal role as administrative head of the judicial system, along the lines of the relationship between the Chief Justice and the rest of the Article III Judiciary. The “Director” position would become the “Executive Director of the Administrative Office” subordinate to the Chief Appellate Judge.

 

With the elimination of the inherently political role of the DOJ in the U.S. Immigration Court system, there no longer would be a need to for the largely fictional perception that the “Director” serves as a “buffer” between the “adjudicating components” and the political and litigation officials at the DOJ. The current problems of the U.S. Immigration Court well illustrate the insurmountable difficulties of attempting to run one of the nation’s largest and most important court systems as an “agency” of a political department. Even if the DOJ had the will to allow the Immigration Courts to function independently, it lacks the competence and expertise in court administration to successfully support such a system.

 

The only real question is when will Congress finally face reality and create a truly independent and properly functioning U.S. Immigration court system?

 

PWS

07-06-17

 

 

 

9th Circuit Upholds Judge Gee’s Order Requiring Bond Hearings For Children! — Flores v. Sessions!

http://www.latimes.com/local/lanow/la-me-ln-minor-immigrants-9th-circuit-20170705-story.html

Maura Dolan reports in the LA Times

“Minors who enter the U.S. without permission must be given a court hearing to determine whether they can be released, a federal appeals court panel decided unanimously Wednesday.

A three-judge panel of the U.S. 9th Circuit Court of Appeals said immigration authorities continue to be bound by a 1997 lawsuit settlement that guaranteed court hearings for minor immigrants, set standards for their detention and established a policy in favor of their release.

Following that settlement, Congress passed two laws dealing with unaccompanied minor immigrants. The federal government argued those laws replaced the settlement and revoked the right to bond hearings.

The 9th Circuit disagreed.

“In the absence of such hearings, these children are held in bureaucratic limbo, left to rely upon the [government’s] alleged benevolence and opaque decision making,” Judge Stephen Reinhardt, a Carter appointee, wrote for the court.

The settlement of Flores vs. Janet Reno required that juveniles detained near the border or elsewhere without a parent must be given bond hearings.

The hearings gave minors the right to a lawyer, an opportunity to learn and challenge government evidence against them and the right to contest being locked up, the panel said.

The 9th Circuit cited evidence that the government has been holding minors for months or even years without hearings, even when parents are nearby and can care for them.

Among them was a boy identified only as Hector, who was detained in California at the age of 15 for 480 days, mostly in a locked facility in Yolo County. The ruling did not say why Hector was picked up.

In a declaration, Hector described the Yolo County facility as a prison, where minors were locked in cells at night to sleep on cement benches with mattresses.

During 16 months there, Hector was not given a lawyer or an explanation about why he was being held even though his mother in Los Angeles was seeking his release, the 9th Circuit said.

Without any explanation, the federal government released Hector in December “into the custody of the person who had been advocating for his freedom all along — his mother,” Reinhardt wrote.

The court cited evidence that some juveniles have agreed to deportation rather than face continued incarceration without their families.

“Unaccompanied minors today face an impossible choice between what is, in effect, indefinite detention in prison, and agreeing to their own removal and possible persecution” in their native countries, Reinhardt wrote.

The ruling upheld a decision by Los Angeles-based U.S. Dist. Judge Dolly M. Gee, an Obama appointee.

The government may appeal the panel’s decision to a larger 9th Circuit panel or to the U.S. Supreme Court.

Lawyers in the case could not be reached for comment.”

Here’s a link to the 9th Circuit’s full 40-page opinion:

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/05/17-55208.pdf

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

If you want to skip the legal gobbledygook (although the fact situations described are interesting and meaningful), the bottom lines are: 1) the last four Administrations have been to varying degrees tone-deaf to the needs of unaccompanied minors subject to immigration proceedings; 2) bond hearing before U.S. Immigration Judges play a critical role in protecting the rights of children and insuring due process.

PWS

07-05-17

 

CHIEF JUSTICE JOHN ROBERTS OFFERS SAGE ADVICE TO THE NEXT GENERATION! — Who Knew The Chief Is A Bob Dylan Fan?

https://www.washingtonpost.com/politics/courts_law/the-best-thing-chief-justice-roberts-wrote-this-term-wasnt-a-supreme-court-opinion/2017/07/02/b80a5afa-5e6e-11e7-9fc6-c7ef4bc58d13_story.html?hpid=hp_regional-hp-cards_rhp-card-politics:homepage/card&utm_term=.e2bd08831f97

Robert Barnes reports in the Washington Post:

“It was the ninth-grade commencement address for the Cardigan Mountain School, an elite boarding school for boys grades six through nine. Sitting up front under a large white tent as John Glover Roberts Jr. took the stage was graduating student John Glover Roberts III.

. . . .

Roberts’s commencement address was not publicized in advance, but it was recorded by the school, uploaded to YouTube and is slowly gaining attention. Several readers emailed the link to me. One person wrote, “I’m a Democrat and I can’t stand the guy’s views, but I was in tears.”

There is nothing about the Supreme Court or the law in the short speech, although each graduating Cougar received an autographed, pocket-size Constitution along with his certificate.

Instead, the address was personal, understated and popular probably because it touched on universal themes, such as a parent’s worry about whether he or she is making the right decisions for their child.

Driving through the gates after leaving a student at Cardigan, Roberts said, parents travel a “trail of tears” to an “emptier and lonelier house.”

Roberts is considered one of the Supreme Court’s better writers, and his public addresses show a quick wit and professional timing. He first asked the Cardigan students to turn and applaud their parents and others who had guided them.

He joked that he would later be able to report that his speech was “interrupted by applause.”

Success, he reminded them, comes to those who are unafraid to fail. “And if you did fail, you got up and tried again. And if you failed again, you got up and tried again. And if you failed again — it might be time to think about doing something else.”

Roberts said commencement addresses customarily wish graduates success. He thought it better for them to experience challenges.

“From time to time in the years to come, I hope you will be treated unfairly,” Roberts said, “so that you will come to learn the value of justice.”

Betrayal “will teach you the importance of loyalty.” Loneliness will instruct people not to “take friends for granted.” Pain will cause someone “to learn compassion.”

“I wish you bad luck — again, from time to time — so that you will be conscious of the role of chance in life,” Roberts said. “And understand that your success is not completely deserved, and that the failure of others is not completely deserved, either.”

A commencement speech is supposed to offer “grand advice,” Roberts said, so his first was to recognize the exalted perch from which they started — a school with a 4-to-1 student-teacher ratio, where students dine in jackets and ties, and tuition and board cost about $55,000.

Through his son, Roberts had come to know many of the students, he said, and “I know you are good guys.”

“But you are also privileged young men, and if you weren’t privileged when you came here, you’re privileged now because you have been here,” Roberts said. “My advice is: Don’t act like it.”

He urged them, at their next school, to introduce themselves to the people “raking the leaves, shoveling the snow or emptying the trash.” Learn their names, smile and call them by name. “The worst thing that will happen is you will become known as the young man who smiles and says hello,” he said.

Another thing:

“You’ve been at a school with just boys. Most of you will be going to a school with girls,” Roberts said.

Long pause.

“I have no advice for you.”

In his speech, Roberts quoted Socrates and, not surprisingly, he ended it with the words of “the great American philosopher, Bob Dylan.”

Roberts has quoted Dylan in judicial opinions, and he’s not alone. The New York Times a few years ago noted a study that found Dylan the most-quoted songwriter in judicial opinions, and said Roberts had “opened the floodgates” by quoting the Bard of Minnesota in a 2008 dissent.

The song he quoted at the commencement speech was “Forever Young.” Roberts is an unusual parent. Now 62, he and Jane married rather late in life. Their contemporaries are welcoming grandchildren, while they have two high-schoolers, Jack and his sister Josephine.

“May you build a ladder to the stars

And climb on every rung

May you stay forever young.”

The wishes expressed by Dylan for his son, Jesse, are “beautiful, they’re timeless, they’re universal,” Roberts said.

But the phrase that gives the song its title and refrain — forever young — is unrealistic, the chief justice said. It can’t come true.

“That wish is a parent’s lament,” he said.”

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

Read the full report at the link.

I agree with some of the Chief Justice’s opinions, others not so much. Gosh, I have to wonder why all of his jurisprudence doesn’t show the same empathy, humor, understanding of the “underdog,” and acknowledgement of the role of privilege in our society (which is often mistaken for “pure merit” by the “privileged”) as demonstrated by this speech. Just look at the number of GOP politicians and even judges today who use their privileged positions to “dump on” the less fortunate rather than compassionately addressing their problems. At the same time, many of these same individuals use their their own privileged positions to further enrich the privileged and further empower the powerful at the expense of the rest of society. Go figure.

PWS

07-05-17