🇺🇸👍🏼⚖️🗽😂⚔️🛡NDPA WARRIORS MAKING A DIFFERENCE @ GW LAW!

 

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera

 

Many congrats to my friends Professor Alberto Benitez, Professrial Lecturer Paulina Vera, and the GW Immigration Clinic on all of their achievements and the well-deserved recognition!

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STUDENT-ATTORNEYS RISE TO CHALLENGES, INNOVATE ALONG THE WAY
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Public Justice Advocacy Clinic (PJAC)
“[I]t really felt like we were first-year associates!” Laura Saini, JD ’21, a student-attorney in the Public Justice Advocacy Clinic (PJAC) commented about her clinic experience. A student team represented the Washington Legal Clinic for the Homeless and filed a lawsuit under D.C.’s Freedom of Information Act to retrieve emails and other documents reflecting concerns with the Department of Human Services’s (DHS) homeless shelter service program. The lawsuit prompted DHS to locate over 20,000 pages of documents, but DHS was not going down without a fight.

“We were researching, drafting, and editing legal arguments under tight deadlines,” the student further explained. DHS refused to disclose most of the documents on the ground that they contained personal and private information. When Judge Puig-Lugo of D.C. Superior Court ordered DHS to redact information and release the documents, DHS countered with a motion to reconsider and a motion for an in-camera review. When denied, DHS filed another motion to stay the production of the emails pending appeal. Under the supervision of Professor Jeffrey Gutman, the student-attorneys drafted a brief urging the court to deny DHS’s motions. Based on their brief, the court ultimately rejected both DHS motions to reconsider and to allow an in-camera review. During a particularly challenging time for D.C.’s homeless population, this was a first step in creating accountability and ensuring programs are benefiting those who need them most.

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Vaccine Injury Litigation Clinic (VILC)
For the first time in the history of the Vaccine Injury Litigation Clinic (VILC), every student was assigned to the same case. A case that had been pending for eight long years finally culminated in a three-day trial. Due to the COVID-19 pandemic, the case presented unique logistical and technical challenges. The trial was conducted entirely online. The student-attorneys were in their homes, and experts were worldwide, from Delaware to California to Israel. Alexandra Marshall, Class of ’22, commented, “The breadth of matters that we had a chance to work on is more than some lawyers experience in a decade.” Each student rose to the challenge admirably.

Ms. Marshall worked on literature research, the prehearing brief, and the technical glossary for the court. Rebecca Wolfe, Class of ’22, delivered opening statements. Giavana Behnamian, Class of ’22, and Alfonso Nazarro, Class of ’22, conducted the direct examination of VILC’s expert. Ms. Wolfe and Kimberly Henrickson, Class of ’22, conducted the direct examination of VILC’s client. Ji Young Ahn, Class of ’22, delivered the closing argument, reminding the court of the human element. Ms. Behnamian expressed her gratitude for having this experience “with a great team of other GW student-attorneys.”

Though each student appreciated the learning experience, what meant the most to them was the difference they could make. Ms. Wolfe remarked, “After I gave the opening statement at [our client’s] hearing, she sent me a text telling me that she appreciated it.” Ms. Henrickson added, “Hearing her describe her experience in her own words was a salient reminder that beyond the briefs, motions, medical records, and filings that make up our everyday tasks are the real people for whom we advocate.”

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Family Justice Litigation Clinic
The COVID-19 pandemic has thrown the world—and by extension the courts—into some chaos. The D.C. Superior Court estimates that 25 percent of all family law filings are currently stalled for lack of service, while hundreds of litigants are awaiting resolution of custody and divorce filings. To combat the backlog of cases this year, the Family Justice Litigation Clinic (FJLC) launched an innovative partnership with D.C. Superior Court to train student-attorneys to become mediators. The goal of this partnership was to help litigants resolve cases by consent and short-circuit the lengthy process of waiting for a court date. Using the court’s Webex technology, student-mediators met with pro se parties and mediated their matters in breakout rooms. Though mediation could not resolve some cases, the initiative successfully helped reduce the backlog of cases and facilitated access to justice for litigants.

The partnership allowed students to explore how they could use new technologies to resolve issues in the modern age. The project also allowed students to collaborate across law schools and train with student-mediators in Catholic University’s Families and the Law Clinic, led by Professor Catherine Klein. The clinic’s efforts did not end with the school year, however. Dean Laurie Kohn, Director of the FJLC, in collaboration with Professor Andrew Budzinski, Co-Director of the General Practice Clinic at University of the District of Columbia (UDC) Clarke School of Law, continued working with the court and local law schools to look for solutions for pro se litigants. Out of these efforts, the Family Law Access to Justice Project was born, a collaborative effort between GW Law, UDC Clarke School of Law, and Catholic University Columbus School of Law. Through this program, students will continue consulting with litigants about their options and provide them with required paperwork and support to navigate the court system in this trying time. (Pictured: Top: (left to right) Dean Laurie Kohn and Moheb Keddis, Class of ‘22; Bottom: Dana Gibson, Class of ‘22)

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Immigration Clinic
Student-attorneys in the Immigration Clinic were hard at work this academic year, helping clients seeking asylum and improving services for asylum-seekers. Educational efforts came from a team of two student-attorneys, Tessa Pulaski, JD ’21, and Sarah Husk, JD ’21. The students addressed residents at the George Washington University Medical School. They taught residents in the psychiatric program about asylum law and the role psychiatric evaluations play for asylum seekers in the United States. It was a meaningful opportunity to teach physicians how they can help fight for justice and create a dialogue between schools and disciplines.

Thanks to the efforts of the clinic, a family of five will get to stay in the United States. When the mother, P.M., was a child, her stepfather worked for an African country’s embassy. At age 11, her stepfather brought P.M. and her mother to live in the United States. P.M.’s stepfather began isolating P.M. and sexually abusing her in their home and even inside the embassy. He would threaten to send P.M. back to Africa to live by herself if she told anyone what he was doing. The abuse continued for two years.

As a result of the sexual abuse P.M. faced as a child, she suffered from eating disorders and suicidal ideation as an adult. In 2019, with the support of her husband, A.M., P.M. reported her stepfather to the police. As a result, he was sentenced to eight years in prison. With her stepfather finally facing judgment and with the assistance of the Immigration Clinic, P.M. was granted a T-visa as a victim of trafficking.

The fight does not end here, however. A.M. is currently facing removal proceedings of his own. The clinic will move to terminate these proceedings based on A.M.’s derivative T-visa status. If successful, this will mean P.M., A.M., and their three small children will all get to stay in the United States together. (Pictured front row: Professorial Lecturer in Law Paulina Vera and Ann Nicholas, JD ’21. Back row: Sebastian Weinmann, JD ’21; Colleen Ward, JD ’21; Rachel Sims, JD ’21; and Professor Alberto Benitez)

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FACULTY NEWS
Professor Alberto Benitez

Director, Immigration Clinic

In the spring semester, Professor Benitez received the Silver Anniversary Faculty Award. The award is given to those professors in the George Washington University community who have completed 25 years of continuous full-time service.

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Professor Jeffrey S. Gutman

Director, Public Justice Advocacy Clinic

Professor Gutman’s article, “Are Federal Exonerees Paid?: Lessons for the Drafting and Interpretation of Wrongful Conviction Compensation Statutes,” was published in the Cleveland State Law Review. Professor Gutman also was involved in two significant cases this semester. The first was Washington Legal Clinic for the Homeless v. D.C. Department of Human Services, where the court in a D.C. Freedom of Information Act (FOIA) case ordered the disclosure of thousands of 2019 emails reflecting complaints and concerns with the D.C. shelter housing program. The other was Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, where a federal court denied the government’s motion for summary judgment in a federal FOIA case seeking records related to the Trump administration’s defunding of organizations fighting white nationalism. The court also ordered two new searches for potentially responsive documents.

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Professor Susan R. Jones 

Director, Small Business and Community Economic Development Clinic

n February 2021, Professor Jones presented her paper “The Case for

Leadership Coaching in Law Schools: A New Way to Support Professional Identity Formation” (48 Hofstra Law Review 659 2020) at the Santa Clara University School of Law Symposium “Lawyers, Leadership, and Change: Addressing Challenges and Opportunities in Unprecedented Times.” The symposium was co-sponsored with the Association of American Law Schools’ (AALS) Section on Leadership Institute for Leadership Education. In May 2021, Professor Jones was a panelist at the AALS Clinical Conference concurrent session “Building the Future Through the Development of Leadership and Professional Identity in Clinical Programs.” Professor Jones continues to serve on the AALS Leadership Section Executive Committee. Her co-edited book Investing for Social & Economic Impact is forthcoming in 2022 from ABA Publishing.

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Dean Laurie Kohn

Jacob Burns Associate Dean for Clinical Affairs

Director, Family Justice Litigation Clinic

In January 2021, the faculty voted to appoint Dean Kohn as the Jacob Burns Associate Dean for Clinical Affairs. Dean Kohn had served in this position on an interim basis since 2019. Dean Kohn organized and moderated a panel at the January 2021 meeting of the Association of American Law Schools (AALS) titled “How the Pandemic Made Me a Better Teacher. In May 2021, the California Court of Appeals Fourth Appellate District relied on Dean Kohn’s scholarship regarding the credibility of domestic violence survivors.

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Professor Joan Meier

Director, Domestic Violence Project

Director, National Family Violence Law Center

Professor Meier was a featured commentator in parts 3 and 4 of HBO’s 4-part docuseries Allen v. Farrow, which ran in April 2021 and can be streamed on HBO Max. She is a co-author with Danielle Pollack of Allen v Farrow: Child Sexual Abuse is the Final Frontier. She was the keynote speaker of the New Jersey Family Division and Domestic Violence Education Conference, where she presented “Vicarious Trauma and Resilience.” She was a panelist for the Learning Network, Center for Research and Education on Violence Against Women and Children at Western University in Canada, where she presented “Family Court Outcomes in U.S. Custody Cases with Abuse and Alienation Claims.” She was a panelist for the GW Law Association for Women, where she presented “Paving Public Interest and Pro Bono.” She was also a panelist at the American Association of Law Schools Annual Meeting, where she presented “Dynamic Pedagogy in the Family and Juvenile Law Classroom: Experiential and In-Class Exercises.” Professor Meier has been featured on the episode “Testimony” of GW Law Dean Matthew’s podcast. She was featured with Sara Scott in the webinar “The Trauma We Carry” for the Center for Legal Inclusiveness and in the webinar “Family Court Outcomes in U.S. Cases with Abuse and Alienation Claims” for the N.Y. State Coalition Against Domestic Violence. Recently, Professor Meier’s manuscript, which she calls her “piece de resistance” on what is wrong in family courts and what can fix it, was accepted by Georgetown University Law Journal. Professor Meier also was appointed to the N.Y. Governor’s Blue-Ribbon Commission on custody evaluators as the only non-New York-based expert.

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Professor Jessica Steinberg

Director, Prisoner and Reentry Clinic

Professor Steinberg published “Judges and the Deregulation of Lawyers” (89 Fordham Law Review 1315 (2021) (with Anna Carpenter, Colleen Shanahan, and Alyx Mark) and presented the paper as part of Fordham Law School’s Colloquium on Judging. In addition, Professor Steinberg received the Alfred McKenzie Award from the Washington Lawyers’ Committee for Civil Rights for “dismantling injustice” for prisoners during the COVID-19 pandemic by founding the compassionate release clearinghouse along with several partner agencies. She was quoted in The Washington Post article “Sick, Elderly Prisoners Are At Risk for Covid-19. A New D.C. Law Makes it Easier for Them to Seek Early Release,” which detailed the impact of the District of Columbia’s new compassionate release law, authored by Professor Steinberg.

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Professorial Lecturer in Law Paulina Vera, JD ’15

Legal Associate, Immigration Clinic

Professor Vera was selected by the Hispanic National Bar Association (HNBA) as one of 26 attorneys nationwide to receive the HNBA 2021 Top Lawyers Under 40 Award in March 2021. The award recognizes legal achievement, integrity, commitment to the Hispanic community, and a dedication to improving the legal profession.

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JOIN US ON SOCIAL MEDIA
In October 2020, the clinics launched a Facebook group page. Through this forum, current clinic students and alumni can now gather to exchange information, share campus events, and discuss employment opportunities. Please join us.
FOLLOW US:
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Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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It’s no surprise to me and other members of the NDPA that clinics are leading the way in modern legal education. And, immigration clinics have been at the forefront of clinical education (“practical scholarship”). While academia is often slow to adjust to “marketplace changes,” it’s encouraging to see the long-overdue recognition that clinical teaching is finally getting as the “core” of modern legal education.

Hats off to Alberto, Paulina, my Georgetown CALS colleagues, and all the other amazing clinical professors out there! Clinical professors and other progressive practical scholars and litigators are the folks who belong on the Federal Bench at all levels, from the Immigration Courts to the Supremes, and who should be the political and private sector leaders of the future!

Immigration, human rights, and due process have for some time now been the “seminal fields” of Federal Law — the essence of what our 21st Century Justice system is all about and the key to our survival and future prosperity as a democratic republic. Unfortunately, the political, judicial, and legal “establishments” have been slow on the uptake. That’s a primary reason why our legal and political systems are now in crisis.

Hopefully, the “best and the brightest” who have been courageously serving on the front lines of protecting our democracy and advancing racial and gender justice will in the next generations assume the leadership positions that they have earned and that will be key to our nation’s survival and advancement!

🇺🇸Due Process Forever!

PWS

07-15-21

THE EVER-AMAZING NICOLE NAREA @ VOX “GETS IT” — Too Bad The Folks Running Immigration Policy Don’t! — “Knowledge about US deportation and detention policy didn’t have any significant effect on their intentions to migrate. . . . it made them more likely to think outcomes and legal procedures in the American immigration system are unfair.” 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://www.vox.com/policy-and-politics/22451177/biden-border-immigration-enforcement-detention-deportation

Nicole writes @ Vox News: 

President Joe Biden has taken some steps toward reversing his predecessor’s legacy of broad, indiscriminate immigration enforcement, including a recent announcement that it will no longer detain immigrants at two locations under scrutiny for alleged abuses.

But Republicans are adamant that increased immigration enforcement be a prerequisite to any broader immigration reform.

“There’ll be no immigration reform until you get control of the border,” Sen. Lindsey Graham (R-SC) told Roll Call last month.

There are now nearly 40 percent more people in immigration detention compared to when Biden first took office, and his administration is continuing to turn away most migrants arriving on the border under pandemic-related restrictions put in place by his predecessor, President Donald Trump, which have led to the expulsions of more than 350,000 people this year alone.

But research shows that the threat of detention and deportation in the US doesn’t dissuade migrants from making the journey to the southern border, especially if they are victims of violence and may be seeking to escape the “devil they know” in their home countries.

“Managing migration at the border, particularly the kind of migration we’re seeing now, from a strictly deterrence, enforcement lens is just not sustainable in the long run and is not having the impact that people think it should have,” Theresa Cardinal Brown, managing director of immigration and cross-border policy at the Bipartisan Policy Center, said. “That’s why we need to rethink our paradigm for how we talk about migration and everything that we do at the border.”

. . . .

Knowledge of US immigration detention, however, did have an unintended effect on survey takers in Ryo’s experiment — it made them more likely to think outcomes and legal procedures in the American immigration system are unfair. That is worrisome, given that perceptions of fairness are significant predictors of people’s willingness to obey the law and cooperate with legal authorities, Ryo said.

“We really ought to be concerned about the extent to which generating these kinds of perceptions of unfairness can backfire in terms of more people disregarding our laws and undertaking that dangerous journey in order to get to our border and try to cross it,” she added.

. . . .

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First, let me congratulate Nicole on her spectacularly high level reporting and mastery of the English language: Clear, accessible, well-organized, informative, persuasive. Compare Nicole’s prose with the vapid, often misleading nonsense and gibberish spouted by legislators, government officials, bureaucrats, and right wing White Nationalist shills of all types. Just yesterday, Trump and his pathetic “wannabe” Greg Abbott were down at the border spouting their unadulterated, fact-free, racist  blather and restrictionist nonsense (when Trump wasn’t rambling on incoherently about the “Big Lie” or himself). I encourage everyone to read Nicole’s full article at the link! 

“Enforcement only doesn’t work” has been one of the key “themes” of Courtside since “Day 1.” The answer has also been clear — due process, fundamental fairness, racial equity, practical scholarship leading to durable solutions. 

The converse of “enforcement only doesn’t work” is also true:  A more realistic, more generous legal immigration system that advances due process and equality while taking advantage of “market factors” that attract and drive migration would also lead to more efficient and effective enforcement. Many, perhaps the majority, of those we are now wasting time and money on cruel and ultimately futile attempts to detain, deter, and remove would actually be a huge benefit to our nation if they were allowed to migrate legally on either a permanent or temporary basis.  

I’ve been saying for a long time now that convincing folks that our legal system is basically bogus — falsely promising a fairness and dignified treatment we aren’t delivering — merely serves to drive migrants to enter the “extralegal” or “black market” system that helps support our economy. The real “beneficiaries” of “mindless immigration enforcement” and a dysfunctional legal system are smugglers, cartels, and exploitative employers. Also, obviously, corrupt GOP politicos benefit from having a permanent, disenfranchised, traumatized, largely non-White “black market labor pool” to prop up their economy while serving as an easy target to “whip up” their racist base. 

Bad policies, driven by ignorance, myths, bias, cowardice, and racism will continue to produce lousy results — for the migrants and for our nation. Smarter, more courageous, more intellectually honest legislators and public officials are necessary. Whether voters will be wise enough to elect them remains to be seen.

🇺🇸Due Process Forever!

PWS

07-01-21

 

“DUH” OF THE DAY: GOP WHITE NATIONALIST RACISM & STUPIDITY, BIDEN ADMINISTRATION BUMBLING LEAD TO ONGOING BORDER CHAOS: “For people like Medina, neither restrictive immigration policies nor dangerous journeys through several countries, border walls, or even statements from politicians deter them from seeking to rebuild their lives in the United States.”

Maria Ramos Pacheco
Maria Ramos Pacheco
Bilingual Reporter
Dallas Morning News
PHOTO: ElPasomatters.com

https://www.dallasnews.com/news/immigration/2021/06/25/threat-of-death-in-their-homelands-continues-to-push-migrants-toward-us-mexico-border/

Maria Ramos Pacheco reports for the Dallas Morning News:

CIUDAD JUÁREZ, Mexico — While Vice President Kamala Harris said Friday the goal of her trip to El Paso was to understand the “root causes” of the rising influx of migrants from recent months, just across the border Honduran migrant Manuel Medina had a simple explanation for why thousands of people from other countries will continue to try to reach the United States: To stay alive while fleeing countries where their families are threatened by crime and violence.

“I did not leave my country and my wife because I wanted to. [Rising] crime forced me to leave everything; the only thing I want is for my family and me to be safe,” said Medina, 37, who left Honduras in May 2019 after receiving threats from gang members.

Amid a chorus of criticism coming mainly from Republican politicians, Harris made her first trip to the U.S. Southern border flanked by the Secretary of Homeland Security, Alejandro Mayorkas; Sen. Dick Durbin, D- Ill; and El Paso Rep. Verónica Escobar.

Amid a chorus of criticism coming mainly from Republican politicians, Harris made her first trip to the U.S. Southern border flanked by the Secretary of Homeland Security, Alejandro MayorkasSen.

For people like Medina, neither restrictive immigration policies nor dangerous journeys through several countries, border walls, or even statements from politicians deter them from seeking to rebuild their lives in the United States.

Medina has lived for two years in this city’s El Buen Samaritano shelter, managed by a religious organization, along with his 15-year-old son Nahúm Medina. Their asylum petition was initially rejected in 2019 and he stayed in Ciudad Juárez under the Migrants Protection Protocols, waiting for a second chance.

The MPP or “Remain in Mexico” program was created in 2019 by the Trump administration, which forced people seeking asylum to remain in Mexico. As of May, there were 71,002 active cases.

. . . .

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Read the rest of Maria’s article at the link.

Desperate people do desperate things! Duh!

You’ve heard it before on Courtside:

https://immigrationcourtside.com/2021/06/24/%e2%9a%a0%ef%b8%8f%f0%9f%9a%b8v-p-harris-is-going-to-the-border-she-should-talk-with-the-real-victims-of-her-governments-illegal-wrong-headed-immoral-and-ineffective-border-deterrence-p/

Indeed, since the day of inception in Dec. 2016, Courtside has been very consistent in speaking truth to bigots and misguided inept policy makers:   

https://immigrationcourtside.com/2016/12/31/family-detention-raids-expediting-cases-fails-to-deter-scared-central-americans/

Restrictionism, racism, nativism, cruelty, and scofflaw behavior will only continue to make things worse. And, AG Merick Garland, staffing your “courts” with “Miller Lite” holdovers and Trump toadies won’t stop the downward spiral of American justice on your watch!       

🇺🇸Due Process Forever!

PWS

06-27-21

😎👍🏼🧑🏽‍⚖️GOOD NEWS FROM THE NAIJ — DOJ Drops Opposition To Reconsideration Of Decertification!

June 25, 2021

EOIR Withdraws Opposition to
NAIJ Motion to Reconsider,
Does Not Oppose Motion to Remand

Judges:

In a filing this morning, EOIR withdrew its opposition to our motion to reconsider before the FLRA and agreed to a remand to the Regional Director. Here’s their brief.

This is a major step forward in our fight against the previous administration’s effort to decertify NAIJ. NAIJ thanks EOIR and DOJ for taking this important step.

EOIR’s actions come after NAIJ filed with the FLRA earlier this week a Motion to Remand and for Stay. NAIJ’s motion was part of a coordinated effort by NAIJ and our parent union IFPTE to bring the importance of the decertification issue to the attention of the highest levels of this administration. It looks like we succeeded.

Although there are many reasons for optimism, this fight is not yet over. The decertificaton matter remains pending before the FLRA. As we are well aware, the FLRA is still composed of the same members who, over a vigorous dissent, reversed the decision of the FLRA Regional Director who had previously upheld our right to unionize. We are closely monitoring the situation with our litigation team to assure this favorable progress continues until our case is definitively resolved, once and for all.

Thank you for your unwaivering support of NAIJ.

We will keep everyone updated with any further developments.

The NAIJ Board

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As pointed out by the NAIJ Board, it’s not over till it’s over! But, definitely a big step in the right direction for the NAIJ, the Garland DOJ, and the Biden Administration!

FULL DISCLOSURE: I am a retired member of the NAIJ!

🇺🇸Due Process Forever!

PWS

06-26-26

⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!

“Floaters”
“Sadly, over the last two decades the US has been unable to get beyond this vision of ‘deterrence’ of legal asylum seekers.“ — Floaters — “How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
Vice President Kamala Harris
Vice President Kamala D. Harris
Vice President of the United States. — “So far, she hasn’t gotten beyond the mistakes of the past, either. Taking a tour with CBP won’t help.”
(Official Senate Photo)

https://www.americamagazine.org/politics-society/2021/06/17/vice-president-kamala-harris-us-mexico-border-immigration-unaccompanied

J.D. Long-Garcia writes in America Magazine:

Last week, Ms. Harris traveled to Guatemala to meet with President Alejandro Giammattei and expressed the Biden administration’s goal to “help Guatelmalans find hope at home.” During a press conference on June 7, she told Guatemalans thinking of making the journey north to the United States: “Do not come. Do not come.”

pastedGraphic.png“O.K., that’s like saying, ‘Stay home and die,’” according to the Rev. Pat Murphy, a Scalabrini priest who runs the Casa del Migrante shelter in Tijuana, Baja California. “That message is falling on deaf ears.”

If Ms. Harris does travel to the border, Father Murphy said, she should be sure to make a visit to the Mexican side. “If she just stays on her side, she’s not going to find much,” he said.

In Tijuana, Ms. Harris would see a camp of 2,000 asylum seekers near the port of entry, Father Murphy said. “If she looked a little further, she would see the people who are victims of violence in Tijuana and Mexicali and other places,” he said. Migrants may be eager to escape bad situations in their home countries, Father Murphy said, but they often do not understand how difficult conditions at the border are “until they’re stuck in the middle of [a border city] with no place to go.”

“You can’t understand [border realities] by talking to government officials. You have to talk to the people who are working with migrants and hear about the suffering.”

At diminished capacity because of the pandemic, migrant shelters are full. The United States has started to accept some vulnerable people, like families with children with an illness or those being persecuted because of their sexual orientation, Father Murphy said. But there are also hundreds deported every day.

He believes if the vice president did decide to visit the border, it would be worth her while. “You can’t understand [border realities] by talking to government officials,” Father Murphy said. “You have to talk to the people who are working with migrants and hear about the suffering.”

. . . .

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies

Donald Kerwin, the executive director of the Center for Migration Studies in New York, also noted that people have a right not to migrate—to stay in their home country. He sees immigration policy as an arena for a fruitful convergence of Catholic social teaching, international law and contemporary human rights principles.

The Biden administration’s recognition of the forces that drive migration should be applauded, but it can address root causes while re-establishing humane asylum policies at the border.

“States are responsible for ensuring that people can flourish at home,” he said. “But it’s an empty right at this point in many communities in the Northern Triangle countries. They’re facing impossible conditions, caused by natural disasters, climate change, gang violence and extraordinary poverty. So people have a right to flee those impossible conditions and seek lives that are worthy of human dignity. In some cases, that means leaving their countries.”

When they do leave their home countries, people have the right to seek protection wherever they can find it, Mr. Kerwin said. “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.”

The United States needs a functioning refugee resettlement system, an asylum system and robust humanitarian programs to address the conditions in Central America that are driving people to migrate, he said. “They’re not in place right now,” Mr. Kerwin said, “and until they are in place, people will reluctantly, at a terrible cost…continue to migrate.”

If Ms. Harris visits the border, Mr. Kerwin suggested she speak with migrants that have entered the United States, starting with the children. “Find out why they’ve come, what drove them to the United States and also see what their situation is currently, in often overcrowded facilities,” he said. “At that point, it would be clear as day that these folks are not a problem. These folks fled terrible problems, but they themselves are not the problem.”

Earlier this month, more than 20 bishops, Vatican representatives and leaders of Catholic organizations met for an emergency immigration meeting at Mundelein Seminary, outside of Chicago. Mr. Kerwin, who attended the meeting, said organizers displayed notes written by immigrant children, often addressed to God.

“It’s clear from reading these notes that these are lovely children, who miss their parents and worry about them and are in difficult situations that are not of their own making. And that the United States should do right by them,” he said. “And the right thing is to protect them and reunify them with family members.”

Chloe Gunther, America intern, contributed to this story.

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

Read the full article at the link.

Politicians of both parties are averse to the truth. They don’t have the courage and backbone for it! But the truth is quite simple, if somewhat “inconvenient.”  

Unless and until we can solve the problems driving refugees to flee the Northern Triangle, we will have to take more of them. We should welcome them through an orderly legal system, including a robust, properly staffed, and honestly administered legal refugee and asylum system. 

Alternatively, we could continue our current policies of immorally and illegally killing some on the journey, “snuffing” some in the desert (where their bodies might never be found and “counted”), and enriching smugglers and cartels who will eventually get many determined survivors into the interior. 

There, they will join our highly exploitable, yet politically expedient for both parties (for differing reasons), “extralegal population.” A  limited number will be “in the wrong place at the wrong time” and be arbitrarily removed by ICE, usually at costs that far exceed any demonstrable benefits. Even fewer will commit misconduct leading to their arrest and removal.

But the bulk of them will blend in somehow and do what’s necessary for themselves and their families to survive, as has been happening for decades and generations. They will also enrich and improve our nation in ways both predictable and unpredictable. Some will eventually find it possible and advantageous to return to their nations of origin, most won’t. 

It would be far better for both the migrants and our nation, not to mention humanity as a whole, if we included the bulk of those forced to come here in our legal immigration system. But, whether we are enlightened enough “to do it the right way” or not, they will come as long as the alternatives are starvation, death, unspeakable abuse, and unending despair. 

Migration is both our oldest and most persistent human phenomenon and an essential survival skill for humanity. It’s going to take more than inane walls, cruel and illegal imprisonment in American Gulags, unworkable laws, mindless, yet expensive, enforcement, nativist rhetoric, bad judges, and cowardly politicians sending “don’t come” messages to make them “die in place.” Our politicians might be not be bright or brave enough to face reality — but, I guarantee that the forced migrants we like to dehumanize and look down upon are much smarter, braver, more aware, and far more creative, adaptable, and capable than we think!

🇺🇸🗽⚖️Due Process Forever!

PWS

06-24-21

 

THE GIBSON REPORT — 06-21-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group! — Lots Of Interesting Items Under “Top News,” Some Good, Some Not So Much!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP NEWS

 

The Justice Department Overturns Policy That Limited Asylum For Survivors Of Violence

NPR: In a pair of decisions announced Wednesday, Attorney General Merrick Garland is vacating several controversial legal rulings issued by his predecessors — in effect, restoring the possibility of asylum protections for women fleeing from domestic violence in other countries, and families targeted by violent gangs.

 

Advocates mark DACA’s 9th anniversary, urge Congress to act

AP: A pending federal court case in Texas is challenging whether the program’s creation was legal. If the challenge is successful, it could end protections, adding urgency to those pressing Congress for a more lasting solution.

 

White House eyes ending migrant family expulsion by July 31

Axios: The policy known as Title 42 has resulted in tens of thousands of migrant family members, including asylum seekers, being sent away — as well as thousands of kids then separating from their families to cross into the United States alone.

 

U.S. speeds visas for vulnerable Afghans as pullout looms, but Congress wants more

Reuters: As the U.S. military completes its withdrawal from Afghanistan in the coming weeks, the Biden administration says it is adding staff to hurry up the visa process for Afghans who worked for the U.S. government and want to flee to avoid Taliban reprisals.

 

NYC’s Latino Leaders Split Over the Best Mayoral Candidate for Immigrants

CityLimits: As they continue on the campaign trail, contenders of both parties who remain in the race speak openly about citizens’ concerns, such as crime, police reform, affordable housing, education, health, jobs and the Big Apple’s recovery from the COVID-19 pandemic. Latino voters, however, still feel that they have not heard concrete proposals regarding immigrants.

 

ICE Discussed Punishing Immigrant Advocates For Peaceful Protests

Intercept: Internal ICE records and emails, as well as a deposition by an ICE officer in a court case, show the agency referring to an advocacy group as a “known adversary” and closely surveilling the immigration and civil rights activists’ activities, both online and in person.

 

Desperate for Covid Care, Undocumented Immigrants Resort to Unproven Drugs

NYT: Health and consumer protection agencies have repeatedly warned that several of these treatments, as well as vitamin infusions and expensive injections of “peptide therapies” sold at alternative wellness clinics for more than $1,000, are not supported by reliable scientific evidence.

 

Biden Signals Big Changes to Legal Immigration and Asylum Law with Spring Regulatory Agenda

AIC: Although not every proposed rule put on the agenda will end up being finalized, the agenda signals an administration’s priorities and its goals for pursuing changes to our immigration system through executive action.

 

LITIGATION/CASELAW/RULES/MEMOS

 

DOJ Vacates Matter of A-B- and Matter of A-B-II

DOJ vacated Matter of A-B- and Matter of A-B-II and stated that immigration judges and the BIA should no longer follow these decisions when adjudicating pending or future cases. Matter of A-B-, 28 I&N Dec. 307 (A.G. 2021) AILA Doc. No. 21061639

 

DOJ Vacates Matter of L-E-A- II

DOJ vacated Matter of L-E-A- II in its entirely and immigration judges and the BIA should no longer follow Matter of L-E-A- II when adjudicating pending and future cases. Matter of L-E-A-, 28 I&N Dec. 304 (A.G. 2021)AILA Doc. No. 21061640

 

OIL Memo: Impact of Attorney General decisions in Matter of L-E-A-and Matter of A-B-

AAG: Please review any pending cases that may be affected by the Attorney General’s vacatur of L-E-A-II, A-B-I,  and A-B-II and take appropriate steps in light of that development, including seeking remands in appropriate cases to allow the Board to reconsider asylum claims based on this change in the law.

 

CA2 Certifies Question of Whether New York Petit Larceny Constitutes a CIMT to State Court of Appeals

The court certified to New York State Court of Appeals the question of whether an intent to “appropriate” property requires an intent to deprive the owner of property permanently or under circumstances where their property rights are substantially eroded. (Ferreiras Veloz v. Garland, 6/7/21) AILA Doc. No. 21061635

 

3rd Circ. Won’t Halt Deportation Of Jamaican Woman

Law360: A split Third Circuit panel on Thursday refused to halt deportation proceedings for a Jamaican woman who pled guilty to defrauding the elderly in a lottery scam, ruling in a precedential decision that she didn’t prove she was likely to face retribution from the scam’s ringleader if sent back to her native country.

 

CA5 Says Government May Revoke Citizenship of Former Salvadoran Military Officer Involved in Extrajudicial Killings

The court held that although the defendant, a former military officer, refused to shoot civilians during the Salvadorian Civil War, the fact that he “assisted” and “participated in the commission of” extrajudicial killings permitted his denaturalization. (United States v. Vasquez, 6/11/21) AILA Doc. No. 21061737

 

CA6 Says IJs and BIA Have Authority to Grant Administrative Closure to Allow Noncitizens to Apply for Provisional Unlawful Presence Waiver

The court concluded that 8 CFR §212.7(e)(4)(iii), together with 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii), gives IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. (Garcia-DeLeon v. Garland, 6/4/21) AILA Doc. No. 21061634

 

CA6 Holds That Petitioner Failed to Show Prejudice Due to Immigration Court’s Procedural Error of Improper Change of Venue

The court found that while the Memphis Immigration Court violated procedural rules in transferring the petitioner’s hearing to the Louisville Immigration Court, that violation was a procedural question relating to venue, not jurisdiction to hear the case. (Tobias-Chaves v. Garland, 6/8/21) AILA Doc. No. 21061636

 

CA9 Remands Case Involving Defective NTA Under Pereira in Light of Recent Supreme Court Decision

The court granted the petition for review and remanded the case to the BIA in light of the U.S. Supreme Court’s recent decision in Niz-Chavez v. Garland. (Lorenzo Lopez v. Garland, 6/8/21) AILA Doc. No. 21061643

 

CA9 Reverses Denial of Deferral of Removal Where BIA Improperly Engaged in De Novo Review

The court held that the BIA erred by reviewing the IJ’s decision de novo rather than for clear error, and found that the record established that the petitioner had met her burden to show it was more likely than not she would be tortured if removed to Mexico. (Soto-Soto v. Garland, 6/11/21) AILA Doc. No. 21061644

 

10th Circ. Says Samoan Citizenship Question Not For Courts

Law360: A split Tenth Circuit panel on Tuesday reversed a Utah federal judge’s order finding that American Samoans are birthright U.S. citizens, holding that the issue belongs in the hands of Congress, not the courts.

 

11th Circ. Says Rules Require New Review Of Asylum Bid

Law360: In a decision that established several court precedents, the Eleventh Circuit has revived a Sri Lankan man’s bid for asylum, ruling that both an immigration judge and the Board of Immigration Appeals failed to properly reconsider his asylum application after allowing him to stay in the United States.

 

DC Circ. Says Asylum Policies Beyond Its Purview

Law360: The D.C. Circuit ruled Friday that it lacks jurisdiction to revive asylum-seekers’ challenge to how border officers carry out a policy that requires migrants to seek protections in other countries they pass en route to the U.S.

 

Resources Related to Lawsuit Challenging New DHS Asylum EAD Rules

AILA: DHS filed a motion for partial summary judgment in district court on all the plaintiffs’ claims regarding the 30-day timeline repeal rule, which was published on June 22, 2020.

 

DHS Asks Judge Not To Impose Asylum Work Permit Deadline

Law360: The Biden administration has asked a Maryland federal judge to keep intact a Trump-era asylum work rule that gives the U.S. Department of Homeland Security more time to process work permits, saying the increased flow of asylum-seekers justifies the change.

 

Migrants Fault USCIS Interpretation Of 10-Year Entry Ban

Law360: Three Mexican nationals have asked a Colorado federal court to declare that U.S. Citizenship and Immigration Services unlawfully denied their green card applications by finding them inadmissible under a 10-year bar on reentering the United States up to 20 years after they left the country.

 

USCIS Updates Policy Manual on the Bona Fide Determination Process for Victims of Qualifying Crimes and EADs and Deferred Action for Certain Petitioners

USCIS provided guidance in the Policy Manual on employment authorization and deferred action for principal petitioners for U nonimmigrant status and qualifying family members with pending, bona fide petitioners. Comments and feedback is due by July 14, 2021. AILA Doc. No. 21061433

 

DHS and DOS Issue Joint Statement on Expansion of Access to the Central American Minors Program

DHS and DOS issued a joint statement on the second phase of the Central American Minors (CAM) program’s reopening. Eligibility now includes legal guardians and parents and U.S.-based parents or legal guardians with pending asylum application or pending U visa petition filed before 5/15/21. AILA Doc. No. 21061631

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, June 21, 2021

Sunday, June 20, 2021

Saturday, June 19, 2021

Friday, June 18, 2021

Thursday, June 17, 2021

Wednesday, June 16, 2021

Tuesday, June 15, 2021

Monday, June 14, 2021

 

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

Thanks Elizabeth! As previously noted, I remain skeptical of Biden Administration plans to “reform” asylum law without bringing in the progressive human rights experts who can handle the job! 

Most needed “reforms” — like bringing in progressive judges, replacing the BIA, bringing in progressive managers and executives, slashing the largely self-created EOIR backlog, working with NGOs to provide universal representation to asylum seekers and other vulnerable individuals, eliminating unnecessary detention, issuing positive precedents to guide IJs and Asylum Officers, bringing on more Asylum Officers and offering them better training (see, e.g., VIISTA @ Villanova), restoring Administrative Closing, implementing e-filing at EOIR, expanding the Central American Minors Program and other refugee programs in Central America, and many others are “hiding in plain sight.” 

The “blueprints” are already about there — in bulk! All that’s missing is the dynamic new progressive leadership to implement them and insure compliance. 

Also, as I’ve pointed out before, no Administration in history has had the benefit of so much empirical data, practical scholarship, and “ready for prime time” workable solutions for such well-documented and glaring problems. The asylum and EOIR “fixes” are both highly doable and can produce immediate positive results with more to follow! 

But, not necessarily the way the Biden Administration is going about it, with far too many of those needed to turn “rhetoric into reality” still on sidelines in the private sector. In the meantime, folks who have already proved beyond a reasonable doubt that they can’t fix the system remain in key positions.

For Pete’s sake, several of my Georgetown Law students rattled off some of these solutions in class yesterday, and asked me why nobody was working on them. I told them I couldn’t figure out why the Biden Administration was so “slow on the uptake” with so many resources and experts out here in the private sector!

One of my most obvious ideas — hire my three colleagues, Georgetown Professors Phil Schrag, Andy Schoenholtz, and Temple Associate Dean Jaya Ramji-Nogales who recently wrote “instant immigration classic” The End of Asylum and earlier wrote the classic “bad government” expose Refugee Roulette — on a six month consulting contract to come in and fix EOIR and the Asylum Office.  

It’s not so much regulatory reform that’s needed (although to be sure improvements can be made), but rather bringing in progressive leadership and better judges in key positions at DHS, DOJ, and EOIR to insure that due process is maximized, best practices are instituted, and recalcitrant personnel still committed to the Trump/Miller White Nationalist agenda are placed in other jobs where they can’t overtly damage our justice system.

Not “rocket science!” 🚀 But, it’s not going to be solved by a “regulatory agenda” either! 

🇺🇸Due Process Forever!

PWS

06-23-21

🤮👎🏽ULTIMATE HIPOCRACY: EVEN AS AMERICA FINALLY CELEBRATES JUNETEENTH HOLIDAY, DRED SCOTT & INSTITUTIONALIZED RACIST DEHUMANIZATION REMAIN REALITIES FOR BLACKS & OTHER MIGRANTS OF COLOR AT EOIR & DHS — Imprisonment Without Trial, Bogus Bonds, Mistreatment In The New American Gulag, Jim Crow “Courts,” No Rule Of Law,  Still Realities For Those Of Color Exercising Legal Rights In Broken System!

 

“They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.”

Roger B. Taney, Chief Justice, Supreme Court, March 1857, Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857)

“Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the due process clause.”

Justice Samuel Alito, Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020)

Dred Scott
Dred Scott (circa 1857)
Public Realm — Black asylum seekers and other migrants aren’t celebrating the continuing disgraceful “Dred Scottification of the other” in Mayorkas’s “New American Gulag” and Garland’s “Miller Lite” Immigration “Courts” that aren’t “courts” at all!

 

 

Rowaida Abdelaziz
Rowaida Abdelaziz
Immigration Reporter
PHOTO: Twitter

https://www.huffpost.com/entry/institutional-racism-immigration-system_n_60cbc554e4b0b50d622b66d7

By Rowaida Abdelaziz in HuffPost:

Yacouba, a political activist in Ivory Coast, knew if he didn’t immediately flee his home country, he wouldn’t survive.

After being threatened, attacked and tortured by people sympathetic to those in power, Yacouba fled his country in 2018. He went to Brazil for a few years, then made a perilous trek through Peru, Ecuador, Colombia, Panama, Costa Rica, Honduras and Mexico before finally arriving in the United States.

The journey was one of the two most challenging periods of his life. The second was being detained as a Black immigrant in the U.S.

As the nation celebrates Juneteenth — a day commemorating the emancipation of African Americans who had been enslaved in the United States — as a federal holiday for the first time, Black Americans and immigrants are fighting to dismantle institutional racism, including within the immigration system. Black immigrants are disproportionately detained, receive higher bond costs, and say they face racist treatment within detention centers.

Recognizing and celebrating the emancipation of slaves is vital, activists say ― but continuing to take down systemic racism needs to come with it.

“From an immigration perspective, Black immigrants face disproportionate levels of detention and exclusion,” Diana Konate, policy director at the advocacy group African Communities Together, said Thursday on a press call. “These can be life-threatening, as Black immigrants often get deported back to unsafe and dangerous conditions. While we celebrate the victories, we keep in mind that a lot of work remains.”

. . . .

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

Read the rest of Rowaida’s article at the link.

Every day that Garland, Monaco, Gupta, and Clarke drag their collective feet on ending “Dred Scottification,” racial bias, and xenophobia at EOIR diminishes their credibility on all racial and social justice issues. To date, Garland has appointed zero (O) progressive judges at EOIR, has only scratched the surface of the White Nationalist bias in decision-making in the Immigration Courts, and has failed to re-establish due process and the rule of law for Blacks and other migrants of color at the border.

Justice Alito and his colleagues in the majority disgracefully basically “dressed up” the core of Dred Scott dehumanization and bias in “21st century faux constitutional gobbledygook and intentional, disingenuous fictionalization!” Make no mistake: asylum seekers applying at our borders with their lives and humanity at stake are “persons” subject to our jurisdiction and are entitled to full Constitutional due process and statutory rights that are being denied to them every day, currently by the Biden Administration.

While Alito & Co. are wrong, DEAD WRONG in all too many cases, nothing in their dishonest and misguided “jurisprudence” prevents Garland from providing due process to individuals, regardless of status, in Immigration Court and to ending the racism and dehumanization underneath both the mess at EOIR and the cowardly abdication of duty by the Supremes’ majority in Thuraissigiam! In human rights, you either solve the problem or become part of it. And, experts, journalists, and historians are making a permanent record of the actions of the Supremes and the Biden Administration when democracy and racial justice are under stress!

You don’t have to look very far to “connect the dots” between Alito’s dismissive attitude toward the human rights of Asians and other asylum seekers of color and the increase in hate crimes directed against Asian Americans and unfair policing of African Americans. Once courts and government officials endorse “dehumanization of the other based largely on ethnicity” the “protections” and “distinctions” of citizenship tend to also vanish. If the lives of migrants of color can be declared worthless, what difference does citizenship mean for those of the same ethnic heritage that Alito deems below humanity? Obviously, the  Trump kakistocracy’s attack on migrants of color was just a “place holder” for their attack on the rights of all persons of color in America! 

How can Garland’s DOJ demand racial justice in state law enforcement while operating America’s most notorious “Jim Crow Court System?”

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism — He still “rules the roost” at Garland’s EOIR!

It’s time for all civil rights and civil liberties organizations to join forces in demanding an end to bias and “Dred Scottification of the other” in Garland’s disgracefully dysfunctional Immigration “Courts.” Not rocket science!🚀 Just human decency, common sense, available (yet ignored) progressive expertise, and Con Law 101!

🇺🇸Due Process Forever!

PWS

06-21-21

⚠️FIFTH CIRCUIT REMAND IS JUST FIRST OF MANY THAT WILL RESULT FROM BIA’S TOTALLY AVOIDABLE NIZ-CHAVEZ SCREW-UP! — Garland’s Backlog Likely To Mushroom Until He Cleans House @ EOIR! — “Culture of Denial” At BIA Crippling American Justice! — Garland Needs Qualified Judges & Professional Court Administrators @ EOIR, To Replace The “Continuing Clown Show!”🤡

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/unpub-ca5-niz-chavez-remand-villegas-de-mendez-v-garland

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowalski reports on LexisNexis Immigration Community:

Immigration Law

pastedGraphic.png

Daniel M. Kowalski

18 Jun 2021

Unpub. CA5 Niz-Chavez Remand: Villegas de Mendez v. Garland

Villegas de Mendez v. Garland

“The NTA sent to Villegas de Mendez does not contain the information required to trigger the stop-time rule. See id. at 1478-79, 1485; see also § 1229(a)(1)(A)-(G). Neither does the subsequent notice of hearing sent to her. Thus, she did not receive the “single compliant document” required by statute. Niz-Chavez, 141 S. Ct. at 1485. The BIA consequently abused its discretion by committing an error of law. See Koon v. United States, 518 U.S. 81, 100 (1996); Ramos-Portillo v. Barr, 919 F.3d 955, 958 (5th Cir. 2019); Milat v. Holder, 755 F.3d 354, 365 (5th Cir. 2014). Therefore, the petition for review is GRANTED and the case is REMANDED to the BIA for further consideration in light of Niz-Chavez, 141 S. Ct. 1474, and consistent with this judgment.”

Hats off to Raed Gonzalez!

pastedGraphic_1.png

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

One major problem with constantly going with DHS interpretations is that many are both legally wrong and practical disasters. After the initial Pereira v. Sessions debacle the BIA had a chance to solve the problem. Instead, undoubtedly spurred on by the “deny everything culture” promoted by the Trump regime’s White Nationalist agenda, the BIA chose the worst possible legal interpretation with disruptive practical implications. Any real immigration expert could have seen this coming!

When was the last time in a potential “Chevron-type” situation that the BIA or the AG adopted the migrant’s proffered interpretation rather than DHS’s? Yet even with all the (in my view highly inappropriate) advantages conferred on the Government by the Supremes’ intellectual indolence in Chevron and its absurdist companion “Brand X,” Article III Courts, including the Supremes, reject BIA/AG interpretations on a regular basis. Pereira and Niz-Chavez are just two of the most prominent recent examples.

Moreover, because neither the AGs nor the BIA are respected experts in immigration and human rights, and, shockingly, none have significant experience representing individuals in Immigration Court, the mis-interpretations that they choose are often impractical and unworkable. This, in turn leads to confusion, unnecessary remands, and unmanageable backlogs, not to mention patent injustice and deadly results for the mere humans  caught up in this ongoing disaster! This is what “Dred Scottifcation” is all about!

The case highlighted above should have been reopened in 2017. In a “real” court system, with qualified judges, professional administration, and no political interference, it could have been completed by now. Instead, it’s no closer to completion than it was four years ago! 

But, lots of time and resources have been wasted in defending the BIA’s wrong attempt to deny reopening! This nonsense by the Government, NOT dilatory tactics by migrants and their attorneys trying to navigate this intentionally user-unfriendly and often illegal and illogical system, is what “builds backlog!”

Indeed, a wiser system would have turned preliminary adjudication of these cases over to USCIS so that only those that could not be granted and were not appropriate for prosecutorial discretion (“PD”) would have been sent to Immigration Court. Virtually none of the “non-LPR cancellation” cases are legitimate enforcement priorities. A similar approach was used with the NACARA program under better overall management. 

Instead, as a result of poor BIA decision-making and even worse “leadership” at the Trump DOJ, this case is no closer to a final resolution than it was in 2017. And, DHS and EOIR still haven’t systemically corrected the completely fixable practical problems that generated Pereira and Niz-Chavez in the first place. Nor have Garland and Mayorkas announced systemic plans for removing the unnecessary “cancellation backlog” from Immigration Court dockets even though they would be “low priorities” for ICE under the criteria announced by OPLA’s John Trasvina! 

That’s why we have unmanageable backlogs! And they will continue until Garland cleans house at EOIR, brings in a diverse group of qualified expert judges, and empowers them to act independently, stand up to the frequent nonsense pushed by DHS, and “laser focus” on due process for individuals and instituting and enforcing best practices! 

One of the most obvious of those “best practices,” totally missing from Garland’s mismanaged Immigration Courts to date, would be returning “docket control” to local Immigration Courts and ending the “Aimless Docket Reshuffling” by EOIR Headquarters and DOJ politicos that has helped generate the out of control backlog. 

Many cancellation of removal cases could and should be “administratively closed.” But, inexplicably, Garland has yet to revoke Sessions’s ridiculously wrong Matter of Castro-Tum, and restore to Immigration Judges their power to administratively close cases. That’s notwithstanding that Castro-Tum has been rejected in whole or in part by every Circuit Court of Appeals to consider it.

How long is Garland going to continue to “sponsor” inferior, non-independent, pro-DHS “judging” and amateurish, politicized mismanagement that is destroying our entire legal system?

🇺🇸Due Process Forever!

PWS

06-20-21

⚖️🧑🏽‍⚖️🗽NBC NEWS: IMMIGRATION JUDGES KHAN, MARKS, HONEYMAN, & DORNELL SPEAK OUT ON STRESS, MESS, IN GARLAND’S BROKEN IMMIGRATION COURTS 🆘 🏴‍☠️  — Gabe Gutierrez Reports!

Gabe Gutierrez
Gabe Gutierrez
NBC News Correspondent
Atlanta, GA
Judge Amiena Khan is the executive vice president of the National Association of Immigration Judges (NAIJ)
Judge Amiena Khan, President National Association of Immigration Judges (NAIJ)
Hon. Diana Leigh Marks
Hon. Dana Leigh Marks
U.S. Immigration Judge
San Francisco Immigration Court
Past President, National Association of Immigration Judges
Hon. Charles Honeyman
Honorable Charles Honeyman
Retired U.S. Immigration Judge
Member, Round Table of Former Immigration Judges
Honorable Lisa Dornell
Honorable Lisa Dornell
U.S. Immigration Judge (Retired)
Member, Round Table of Former Immigration Judges

https://www.nbcnews.com/nightly-news/video/immigration-judges-speak-out-on-rise-in-u-s-border-crossings-114715205902

 

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

Judges Khan and Marks are already on the DOJ payroll. Garland should have brought them in to Falls Church, on at least a temporary basis, to start cleaning up the mess and instituting long overdue due process and judicial independence reforms! The NAIJ which they represent should have been reinstated to represent Immigration Judges.

FULL DISCLOSURE: I am a retired member of the NAIJ.

Recent retirees on the Round Table like Judges Honeyman and Dornell could have been rehired on a temporary basis under available authority to help root out and change the inane quotas, bad precedents, terrible exclusionary hiring processes, and mind-boggling “Aimless Docket Reshuffling” that continues to build backlog, deny due process, and promote reactionary White Nationalist policies in the failed and flailing Immigration “Courts.”

The continuing problems at Garland’s DOJ start with EOIR, but by no means end there! Apparently, Garland’s lackadaisical, permissive attitude toward corruption at DOJ under Trump & his cronies doesn’t get the Hill Dems’ attention unless they and their families were personally targeted by the illegality and misconduct. Otherwise, it’s just the lives of immigrants, asylum seekers, and “the others,” mostly people of color and abused women and children, so who cares? 

It’s worthy of noting that it has largely fallen to the press and public interest groups to expose the corruption allowed to fester at Trump’s DOJ. Only then does Garland make tardy and half-hearted efforts to investigate or take action. Cleaning up corruption, changing bad and illegal policies, and rooting out those who carried out such abuses should have been “job one” for the incoming Attorney General. Instead, it’s an “afterthought,” at best!

And, of course, good government and ethics aren’t part of the “institutional culture” @ DOJ that Garland is so anxious to defend. Does every Administration have a “right” to have its illegal actions and corruption covered up and defended by its successor? Will it really deter “good government” if you believe that you might be held accountable by the next Administration for acts of unconstitutionality or illegality? 

How come using the law as a “deterrent” is fine as applied to migrants of color, but “deterring” present and future DOJ bureaucrats and politicos from abusing the law in support of a corrupt Administration’s illegal policies isn’t?

Sure, I recognize that guys like Sessions and Barr have a perverted view of what’s unconstitutional. But, the object is to make it difficult for horrible opponents of American democracy like them to become Attorney General in the future and to insure that there will be institutional resistance to any future efforts to corrupt our justice system.

“Normalizing” the unprecedented overtly corrupt behavior of theTrump regime is a continuing problem! We need to fight it all levels of our society and government!

Dishonesty appears to be the main “bipartisan institutional value” at DOJ. No wonder it was so easy for Sessions and Barr to get their corrupt agendas carried out by career lawyers and bureaucrats! 

Unless and until Congress finally lights a fire under Garland and his team, and creates an independent Article I Immigration Court, that’s unlikely to change.

Our DOJ is quite obviously broken and reeling. Why isn’t fixing it one of our highest national priorities?

🇺🇸Due Process Forever!

PWS

06-13-21

⚖️HOPEFUL SIGN ON ARTICLE 1? — At Oversight Hearing, Garland Expresses Modest Endorsement Of Judicial Independence & Open Mind On Article 1 — “As independent as possible,” whatever that means.

Judge Merrick Garland
Attorney General Merrick B. Garland — “Is he open to Article I? It would be nice to think so, but still plenty of reason to be skeptical about his intent for EOIR!’
Official White House Photo
Public Realm

Here’s the audio:

https://www.appropriations.senate.gov/hearings/a-review-of-the-presidents-fiscal-year-2022-funding-request-for-the-us-department-of-justice

The relevant remarks are at 1:59.

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

While it’s always good to be optimistic, to date, “as independent as possible” has meant “as independent as four years of White Nationalist weaponization and meddling from Trump, Miller, Sessions, Barr, Whitaker, Hamilton, McHenry, et al, left them.” That’s NOT independent at all! Quite the OPPOSITE. In many ways there is less judicial independence and more political interference at EOIR now than there was when it was located within the “Legacy INS” before EOIR was created in 1983.

I personally will believe it to the extent that it’s reflected in actions. That means things like vacating restrictive anti-immigrant precedents, restoring asylum for gender-based violence, re-instituting and encouraging Administrative Closing, slashing the backlog by working with parties to remove the vast majority of “non-priority” cases that could be handled in alternative ways, installing e-filing, eliminating bogus “performance work plans,” repudiating “production quotas,” replacing Trump’s BIA with better-qualified judges, revising judicial recruiting and hiring practices to attract more diverse expert candidates from the private/NGO sector, considering stakeholders’ views and recommendations on important policies BEFORE announcing them, establishing a transparent complaint and tenure review process involving the private bar, re-establishing a robust asylum system at the border, upgrading judicial training and using “outside DOJ” experts to conduct it, eliminating the unnecessary “Office of POlicy” from the bloated bureaucracy, hiring experts in judicial management for administrative positions, encouraging written over oral decisions on cases likely to be appealed, expanding the number of judicial law clerks assigned to judges, eliminating agency bureaucracy and redirecting resources to improving local courts and furthering independence, re-recognizing the NAIJ and listening to their suggestions, working cooperatively with the pro bono bar to increase representation, rethinking the overuse of televideo and the presence of “courts” in detention center settings (e.g., prisons in the “New American Gulag”), selecting and retaining only judges who will treat all parties, counsel, and court personnel with respect and professionalism, actively working to overcome the “culture of denial, White Nationalism, and misogyny” that has permeated EOIR over the past four years and still exists, ending docket meddling from Falls Church and DOJ and returning control to local judges, eliminating “Aimless Docket Reshuffling” by politicos and their enablers, reducing the use of single-judge orders at the BIA, selecting expert Appellate Judges for the BIA who will issue some positive as opposed to only negative precedents, refusing to open and closing “courts” located in obscure, out of the way prison locations selected by DHS in large part because of the absence of pro bono lawyers, returning full authority to grant continuances to local judges, no longer referring to DHS (but not respondents’ counsel) as “our partners,” ending the use of derogatory terms and false claims by DOJ officials to Immigration Judges about private lawyers, stopping the intentional manipulation of statistics bv DOJ and EOIR management to further political agendas, ending the “muzzle” on Immigration Judges and encouraging them to participate in public professional activities, promoting best practices rather than institutionalizing worst practices, and again making “through teamwork and and innovation, guaranteeing fairness and due process for all” the absolute touchstone at EOIR, for starters.

To date, NONE of the things on the foregoing list has been accomplished or proposed by Garland and his team. Indeed, a number of his actions, like engaging in “Aimless Docket Reshuffling” by establishing a “Dedicated Docket” for new asylum cases without consulting the stakeholders in advance, and appointing 17 new judges selected by Barr under defective and flawed procedures that discouraged diversity and “disfavored” private sector candidates, are in direct contravention of due process and best practices and serve to discourage, rather than nurture, judicial independence. 

Moreover, as I have previously said, I see no evidence that Garland has hired or reached out to any of the types of progressive experts who could actually implement these reforms necessary to achieve judicial independence and promote due process. You can’t get the job done for judicial independence and due process without a radical personnel shakeup at EOIR! The current group at both DOJ and EOIR just doesn’t cut it, as ever a casual observer could tell Garland. 

So, until I see some ACTUAL progress, beyond mushy rhetoric, color me skeptical about Garland’s plans for EOIR.

🇺🇸🗽⚖️Due Process Forever!

PWS

06-10-21

THE GIBSON REPORT — 06-07-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List:

EOIR plans to resume non-detained hearings on July 6, 2021 at all remaining immigration courts.

 

Changes to USCIS Mask Policy: Fully vaccinated staff and visitors are not required to wear masks. However, some government buildings may still require masks for all visitors, including 26 Federal Plaza.

 

TOP NEWS

 

Justices deny green cards to noncitizens granted Temporary Protected Status

SCOTUSblog: The court ruled in Sanchez v. Mayorkas that adjustment of status is reserved for those who were inspected at the border and admitted to the United States by an immigration officer, thus disqualifying the majority of those granted Temporary Protected Status.

 

Biden Has Given Prosecutors More Power To Decide Which Immigration Cases To Drop

BuzzFeed: The guidance, written by chief ICE attorney John Trasviña, a President Biden appointee, was sent to prosecutors on May 27 and represents a shift in how the agency pursues deportation orders in immigration court by emphasizing the discretion prosecutors have in court. While it does not require prosecutors to toss cases, it could lead to more immigrants having the ability to push for delays or dismissal of their deportation cases.

 

Biden administration formally ends ‘remain in Mexico’ policy after suspending it earlier this year

CNN: Shortly after President Joe Biden took office, the Department of Homeland Security suspended new enrollments to the program formally known as Migrant Protection Protocols. The department subsequently kicked off the process of gradually allowing asylum seekers previously subject to the program into the US. Between February 19 and May 25, around 11,200 migrants were processed into the US, according to Mayorkas’ memo Tuesday.

 

The false promises of more immigration enforcement

Vox: [R]esearch shows that the threat of detention and deportation in the US doesn’t dissuade migrants from making the journey to the southern border, especially if they are victims of violence and may be seeking to escape the “devil they know” in their home countries.

 

Biden Wants Mexico To Do More To Stop Immigrants Trying To Cross The US Border

BuzzFeed: Ahead of a planned visit by Vice President Kamala Harris, the Biden administration wants Mexico to send back more immigrants turned around by the US, take back additional families expelled by border agents, and do more to prevent Mexican airports from being used as pit stops for migration routes, according to government documents obtained by BuzzFeed News.

 

Docs Show ICE Didn’t Track Consent For Alleged Sterilization

Law360: Advocacy groups on Thursday released records acquired through a Freedom of Information Act lawsuit that showed failures in oversight by U.S. Immigration and Customs Enforcement of its medical personnel at a Georgia detention center, which is at the center of allegations of medical abuses and forced gynecological procedures.

 

Biden has quietly deployed an app for asylum seekers. Privacy experts are worried

LATimes: In recent weeks, U.S. border officials have taken an unprecedented step, quietly deploying a new app, CBP One, which relies on controversial facial recognition, geolocation and cloud technology to collect, process and store sensitive information on asylum seekers before they enter the United States, according to three privacy-impact assessments conducted by the Homeland Security Department and experts who reviewed them for The Times. See also US Border Officers Are Collecting DNA From Asylum-Seekers Even Though They Don’t Have Criminal Records.

 

Texas is seeking to evict migrant children from state shelters.

NYT: Gov. Greg Abbott of Texas has instructed state officials to end contracts with the Biden administration for shelters in the state that hold migrant children and teenagers who have been arriving alone, in record numbers, to the southwest border.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Says TPS Is Not an Admission

The Supreme Court issued a unanimous decision, holding that a TPS recipient who entered the United States unlawfully is not eligible under §1255 for LPR status merely by dint of his TPS. (Sanchez et ux. v. Mayorkas, 6/7/21) AILA Doc. No. 21060799

 

Matter of D-G-C-, 28 I&N Dec. 297 (BIA 2021)

BIA: The mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged and that does not significantly increase the risk of future harm is insufficient to establish “changed circumstances” to excuse an untimely asylum application within the meaning of section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1158(a)(2)(D) (2018).

 

CA1 Upholds Denial of Cancellation of Removal to Ecuadorian Petitioner with Two Young Children

Posted 6/1/2021

The court held that the BIA did not err when it found that the petitioner, who had a 12-year-old son and a five-year-old daughter, had not met his burden to show that his removal would result in exceptional and extremely unusual hardship to his family. (Tacuri-Tacuri v. Garland, 5/24/21)

AILA Doc. No. 21060138

 

CA3 Rejects Government’s Attempt to Invoke Fugitive Disentitlement Doctrine, But Upholds Denial of Withholding of Removal

Posted 6/1/2021

The court held that the government’s evidence of petitioner’s fugitive status was insufficiently probative to justify discretionary dismissal of his petition, but found that BIA did not err in denying petitioner’s withholding of removal application. (Galeas Figueroa v. Att’y Gen., 5/19/21)

AILA Doc. No. 21060140

 

CA4 Finds That EAJA Does Not Apply to Habeas Applicants Seeking Release from Civil Detention

The court held that the Equal Access to Justice Act (EAJA) does not apply to a habeas proceeding seeking release from civil detention, and thus affirmed the district court’s order denying the petitioner attorney’s fees under the Act. (Obando-Segura v. Garland, 5/28/21) AILA Doc. No. 21060734

 

CA5 Says Conviction for Conspiracy to Commit Money Laundering Is an Aggravated Felony Under INA §101(a)(43)(D)

The court held that the petitioner’s conviction for conspiracy to commit money laundering plainly constituted an aggravated felony under INA §101(a)(43)(D), and that the remainder of the petitioner’s claims were either meritless or unexhausted. (Maniar v. Garland, 5/20/21) AILA Doc. No. 21060434

 

CA5 Says Attorney General Interpreted INA §208(b)(2)(A)(iv) in Matter of A-H- Correctly as a Matter of Law

Where the government had ordered petitioner removed after he threatened to commit an act of terrorism, the court held that the Attorney General had interpreted INA §208(b)(2)(A)(iv) correctly, and thus that the government had lawfully terminated his asylum status. (Mirza v. Garland, 5/12/21) AILA Doc. No. 21060432

 

CA5 Finds Plea Agreement That Lacked Judge’s Signature Could Serve as Clear and Convincing Evidence of a Conviction

The court held that the petitioner had failed to show that the IJ or the BIA had violated a statutorily imposed evidentiary requirement in finding that the plea agreement form proved the existence of a forgery conviction by clear and convincing evidence. (Nguyen v. Garland, 5/12/21) AILA Doc. No. 21060430

 

CA6 Rejects Castro-Tum: Garcia-DeLeon V. Garland

LexisNexis: Garcia-DeLeon v. Garland “We conclude that 8 C.F.R. § 212.7(e)(4)(iii), in conjunction with 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii), gives IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers.

 

CA9 Affirms Denial of Deferral of Removal to Jamaican Petitioner Who Claimed She Suffered Physical Abuse by Former Domestic Partner

Upholding the BIA’s denial of deferral of removal under the Convention Against Torture (CAT), the court held that the record did not compel a finding that it was more likely than not that the petitioner would suffer future torture if she returned to Jamaica. (Dawson v. Garland, 5/26/21) AILA Doc. No. 21060732

 

CA9 Finds Nunc Pro Tunc Order Did Not Retroactively Establish Naturalized Parent’s Sole Legal Custody Under Former INA §321(a)

The court held that where it has not been proven that a custody order was entered in error, a nunc pro tunc order cannot retroactively establish a naturalized parent’s sole legal custody for purposes of derivative citizenship under former INA §321(a). (Padilla Carino v. Garland, 5/18/21) AILA Doc. No. 21060731

 

CA9 Says Exceptional Circumstances Warrant Reopening of In Absentia Removal Orders of Salvadoran Mother and Child

The court held that exceptional circumstances warranted reopening of in absentia removal orders entered against a mother and her minor child due to the mother’s failure to appear, where the mother suffered from memory problems and was illiterate. (Hernandez-Galand v. Garland, 5/12/21) AILA Doc. No. 21060438

 

9th Circ. Says Judges Can Reopen Deported Immigrant Cases

The Ninth Circuit on Wednesday held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left, reversing a Board of Immigration Appeals decision that held that the “departure bar” in immigration law blocked those reopenings.

 

9th Circ. Will Rehear Split Political Asylum Denial Ruling

Law360: The Ninth Circuit has agreed to reconsider en banc the denial of a Bangladeshi citizen’s asylum application based on alleged politically motivated threats against his family following a dissent from the panel decision citing evidentiary failures in the initial immigration court finding.

 

DOJ Asked To Pull Case That Busted Immigration Judge Union

Law360: A group of House Democrats asked the U.S. Department of Justice to withdraw a Trump administration petition that led the Federal Labor Relations Authority to rule immigration judges are managers who cannot unionize, saying the ruling broadly threatens federal employees’ union rights.

 

DHS Says Wolf Had Power To Issue Asylum Work Permit Regs

Law360: The U.S. Department of Homeland Security asked a Maryland federal court to preserve Trump-era regulations restricting asylum-seeker work permits, saying the official who created the policies had the legal authority to do so despite several courts calling that authority into question.

 

NJ Counties Fight Immigrant Info-Sharing Curb At 3rd Circ.

Two New Jersey counties urged the Third Circuit on Thursday to strike down New Jersey Attorney General Gurbir S. Grewal’s order that county and local law enforcement officers must restrict information they share with immigration authorities, arguing that it obstructs federal law.

 

ICE Issues Interim Guidance Regarding Civil Immigration Enforcement and Removal Policies and Priorities

ICE issued interim guidance to all OPLA attorneys to guide them in appropriately executing interim civil immigration enforcement and removal priorities and exercising prosecutorial discretion. AILA Doc. No. 21060499

 

DHS Terminates the Migrant Protection Protocols Program

DHS announced that after review of the Migrant Protection Protocols (MPP) program, the Secretary of Homeland Security made a determination that MPP be terminated. This announcement does not impact this phased entry strategy into the United States of certain individuals enrolled in MPP. AILA Doc. No. 21060141

 

USCIS Announces Pilot Program for Credit Card Payments Using Form G-1450 When Filing Form I-485

USCIS announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485. The pilot program began on May 3 and is limited to the Nebraska Service Center. AILA Doc. No. 21060200

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, June 7, 2021

·         Supreme Court Rules Against TPS Recipient in Adjustment Case

·         Student Is Denied High School Diploma for Wearing Mexican Flag

·         VP Harris to Visit Guatemala, Mexico to Discuss Migration, Human Trafficking, Corruption

Sunday, June 6, 2021

·         New Interim Guidance re: Immigration Enforcement

·         Does Increased Enforcement Deter Migrants?

Saturday, June 5, 2021

·         Biden Administration Adopting Immigration Changes

Friday, June 4, 2021

·         Teaching the Categorical Approach: The Cute Kittens Method

·         New Issue of Daedalus on Immigration, Nativism & Race in the United States

·         AP Report: U.S. government has groups to pick asylum-seekers to allow into the United States

Thursday, June 3, 2021

·         Congressional Research Service Report on Immigration Consequences of Criminal Activity

·         The Equal Access to Green Cards for Legal Employment (EAGLE) Act of 2021

Wednesday, June 2, 2021

·         June is immigrant heritage month; June 21 world refugee day

·         Slowing U.S. Population Growth Could Prompt New Pressure for Immigration Reform

·         Will VP Kamala Harris take the lead on immigration?

·         Few Former Immigration Lawyers in Congress

Tuesday, June 1, 2021

·         Termination of the Migrant Protection Protocols (Remain in Mexico) Program

·         Supreme Court Rules for U.S. Government in Asylum Credibility Case

Monday, May 31, 2021

·         UK Orchestrating Rapid Relocation of Afghan Interpreters & Their Families

·         Ironic tribute to MAVNI on Memorial Day

·         2021 Annual Pre-AILA Crimes & Immigration Seminar

 

 

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

Thanks, Elizabeth!

Item #3 makes an essential point that experts have long recognized and that undermines the assumptions on which many of the failed Trump and Biden immigration policies are based: U.S. enforcement policies have little or no effect on forced migrants’ decisions to leave their homes. 

Indeed, as immigration experts have told the Administration, to little apparent avail, “forced migration” is exactly what it says it is: migration resulting from forces in home countries that are largely beyond the immediate control of either the migrants or the U.S. Government. 

That doesn’t mean we shouldn’t understand and constructively address the root causes of human migration. Of course we should! 

But, such systemic changes will take time and will have only marginal effects, if any, on current migration patterns. And, harsh, cruel enforcement and illegal border closures will continue to waste resources while squandering any remaining moral leadership authority we have on migration issues following four years of unrelenting illegal and immoral behavior by the Trump regime!

Vox: [R]esearch shows that the threat of detention and deportation in the US doesn’t dissuade migrants from making the journey to the southern border, especially if they are victims of violence and may be seeking to escape the “devil they know” in their home countries.

I just watched a TV news report in which law enforcement officials and reporters hypothesized the higher walls had caused smugglers to use more dangerous methods such as maritime entries, that, in turn, kill more migrants. Is that how we measure “success?” And, even killing a few more migrants won’t have a material effect on departures or overall illegal entries.

Why not encourage individuals to apply for refuge from abroad or at legal ports of entry where they will be treated fairly and humanely by officials and judges actually qualified to administer asylum and protection laws? Why not structure our legal immigration system around the “market realities” of human migration and “push, pull factors” rather than continuously swimming against the tides of migration? Why not put experts who understand the realities of human migration in charge of our policies and courts, rather than politicos who look only for the expedient, while all too often eschewing the intelligent?

🇺🇸Due Process Forever!

PWS

06-10-21

🏴‍☠️PERSECUTED TRANSGENDER INDIVIDUAL DIES ⚰️IN EL SALVADOR WHILE HARRIS, GARLAND, & MAYORKAS FAIL TO RE-ESTABLISH LEGAL ASYLUM SYSTEM, MAKE LONG OVERDUE REFORMS!☠️ — VEEP Apparently Can’t Grasp Why Refugees Refuse To Stay In Countries Where They Are Likely To Be Persecuted & Die — The “Easily Fixable” Part Of The Problem Is NOT Thousands Of Miles Away In Foreign Countries, But With Garland’s & Mayorkas’s Inexcusable Failures To Act On Progressive Reforms Of Our Existing Legal System For Asylum Seekers!

Grim Reaper
“This Dude loves the ‘Miller Lite’ approach to asylum by Garland and Mayorkas, as well as Harris’s latest tone-deaf ‘victim shaming.’” Keeps him (as well as human smugglers) in business! Reaper Image: Hernan Fednan, Creative Commons License

 

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=25ce5cef-76d6-4701-9193-3d887d407397&v=sdk

Marcos Aleman reports or AP  in the LA Times:

SAN MIGUEL, El Salvador — Rejected by her family, Zashy Zuley del Cid Velásquez fled her coastal village in 2014, the first of a series of forced displacements across El Salvador. She had hoped that in the larger city of San Miguel she could live as a transgender woman without discrimination and violence, but there she was threatened by a gang.

She moved away from San Miguel, then back again in a series of forced moves until the 27-year-old was shot to death April 25, sending shock waves through the close-knit LGBTQ community in San Miguel, the largest city in eastern El Salvador.

“Zashy was desperate; her family didn’t want her … and the gangsters had threatened her,” said Venus Nolasco, director of the San Miguel LGBTQ collective Pearls of the East. “She knew they were going to kill her. She wanted to flee the country, go to the United States, but they killed her with a shot through her lung.”

One day after Del Cid’s slaying, U.S. Vice President Kamala Harris identified anti-LGBTQ violence in Central America as one of the root causes of migration in the region during a virtual meeting with the president of neighboring Guatemala, Alejandro Giammattei. She is visiting Guatemala and Mexico this week.

Transgender migrants were present in the Central American caravans that attempted to reach the United States border in recent years, fleeing harassment, gang extortion, violence and police indifference to crimes against them. Even in those large migrant movements, they say they faced harassment.

Things had been rough during Del Cid’s first stint in San Miguel. She had been living in a neighborhood where, as in many parts of the country, the MS-13 gang was the ultimate local authority. Gang members began to harass her, then brutally beat her, breaking her arm in 2015, Nolasco said.

“They warned her to leave, but she didn’t listen,” Nolasco said.

Del Cid moved in with Nolasco in the same neighborhood. One day, the gang grabbed Del Cid again.

“They took her, they wanted to kill her,” Nolasco said. “I begged them not to kill her, to let her go and she would leave the neighborhood.”

Del Cid moved back to her hometown, but her family rejected her again. She tried to please them, but she couldn’t, Nolasco said. Del Cid joined a church, got a girlfriend and had a baby girl, but could not maintain that life, she said.

She returned to San Miguel, where initially things seemed to go better. In 2020, Del Cid received humanitarian and housing support from COMCAVIS TRANS, a national LGBTQ rights organization, and the United Nations High Commissioner for Refugees.

Del Cid rented a home and opened a beauty salon there. She hired another woman to help her and was participating in an entrepreneurship program. She was preparing a business proposal to move the salon into its own space.

But Del Cid was shot in the back walking alone at night down the street. Passersby tried to help her and took her to a hospital, where she died. So far, police have made no arrests, and Nolasco believes that like other hate crimes in the country, “it will be forgotten; they’re not interested in what happens to us.”

Laura Almirall, UNHCR representative in El Salvador, said Del Cid’s killing frightened her community and saddened everyone who knew her.

“She was excited about her new plans and her new life. And unfortunately and tragically, everything came to an end,” she said.

Nolasco said that in San Miguel, some 70 miles east of the capital, the transgender community endures constant harassment from intolerant residents and gangs. They have rocks thrown at them, are beaten and are victims of extortion. If they go to police to make a report, they are insulted and demeaned. “Don’t come here to claim rights, because there are no rights for you,” police tell them, Nolasco said.

. . . .

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

Read the rest of the article at the link. 

Despite some legal nonsense from EOIR and sometimes from uninformed Circuit Judges who have never represented asylum seekers and know little of actual conditions in the Northern Triangle, neither El Salvador nor the other Northern Triangle governments are “willing and able” to protect most individuals suffering gender-based and other forms of persecution. Decisions claiming otherwise are, in most cases, legally wrong and disingenuous to boot.

The U.S. asylum system needs expert Asylum Officers at DHS and progressive expert Immigration Judges at EOIR. Babbling (misleadingly) about “sealed borders” won’t take the place of telling Garland and Mayorkas to stop screwing around, bring in progressive experts, and fix the U.S. asylum system before more die! V.P. Harris could have taken the first necessary step toward “fixing the Southern Border” without even leaving DC.

How are we going to promote the rule of law in other nations when we ourselves are unwilling to exhibit honesty and follow the law with respect to the most vulnerable in the world seeking legal refuge at our borders?

🇺🇸Due Process Forever!

PWS 

06-09-21

VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!

Vice President Kamala Harris
Vice President Kamala D. Harris
Vice President of the United States — She thinks that laws are for others and that platitudes solve problems.
(Official Senate Photo)

VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO  RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!

By Paul Wickham Schmidt

Courtside Exclusive

June 9, 2021

Every individual, regardless of status, has a legal right to apply for asylum at our border. This law was enacted on 1980 to carry out our legal obligations under the U.N. Convention and Protocol on the Status of Refugees, to which we have been party since 1968. 

Right now, the U.S. has neither a legal asylum system operating at ports of entry nor does it have a functioning refugee program in Central America. Borders were illegally closed and legal immigration avenues were suspended by the White Nationalist Trump Administration on various pretexts involving false narratives about COVID, labor market impact, and national security, among others. At one point Trump even made the absurdist claim that America is “full!”

The Biden Administration has peddled rhetoric about re-establishing legal immigration. But, to date they have neither re-established the rule of law for asylum seekers at our Southern Border nor have they instituted an operational refugee program for Central America. 

How bogus is the Biden/Harris continuation of the COVID facade for closing the border? Well, I didn’t hear much mention from Harris in Guatemala of COVID as a reason not to come or any promise to restore the legal asylum system once the “fake COVID emergency” is resolved.

So, there is no legal way for those in Guatemala and other countries to seek refuge in the U.S. Ignoring requests from experts and humanitarian NGOs, the Biden Administration has also stubbornly failed to repeal biased “precedents” from the Trump DOJ designed to make it difficult for refugees fleeing Latin America, particularly women, to qualify for legal protection despite the fact that their lives and safety will be in danger if returned. 

Our scofflaw actions actually leave refugees needing protection no choice but to cross the border surreptitiously. We have suspended the rule of law for legal asylum seekers, while dishonestly claiming that they, not we, are the “law breakers.” After nearly 50 years in and sometimes out of the immigration bureaucracy, I know bureaucratic doublespeak when I hear it.

Remarkably, Vice President Harris seems to have cribbed her public statements on Guatemalan asylum from Gauleiter Stephen Miller. Even more astoundingly, Miller’s influence on the Biden Administration’s failing immigration policies, particularly at Garland’s dysfunctional EOIR, continues to far exceed that of the diverse coalition of progressive experts, human rights advocates, and civil rights leaders who helped elect Biden and Harris! Talk about disrespect and being taken for granted!

In other words, America has totally “welched” on our legal and moral obligations to refugees and asylum seekers. Yet, incredibly, Harris warns them to stay in places where their lives and safety are in immediate danger, rather than taking a calculated risk of finding safety in the United States.

Since the U.S. no longer has a rule of law for asylum seekers or refugees, this usually means trying to enter with the aid of paid smugglers who offer them something the U.S. is unwilling to provide — a realistic possibility of refuge in time to save their lives! It’s certainly “not rocket science!” But, disturbingly, it appears to be above Harris’s pay grade!

As smugglers point out, the possibility of getting to the interior of the U.S., and there finding “do it yourself” refuge in our intentionally-created and often exploited “underground population,” actually far exceeds the chance of being granted asylum, even when we had a “somewhat” functioning asylum system. That’s largely because our law has long been improperly politically “gamed” (by Administrations of both parties) against asylum seekers from Central America. 

So, nobody actually knows how many would qualify for asylum under a fair and unbiased system. We’ve never had the moral courage to set up such a procedure. Instead, we have used imprisonments, family separations, racist rhetoric, criminal prosecutions, and skewed legal denials from “captive courts” tilted in favor of DHS enforcement as “deterrents” to desperate refugees from our own Hemisphere.

Our nation fears complying with our own laws! Not much of a “profile in courage” here!

The Vice President concedes that the “in place” assistance she is offering to individuals in some of the world’s most corrupt and lawless countries is unlikely to have any impact for years to come. And, that’s assuming that the Biden Administration’s aid plan is better than those that have failed in the past, which it well might be. It certainly will be better than the insane cruelty and improper “enforcement only” efforts of the Trump Administration.

She is correct that most, but not all, Guatemalans would prefer to live in Guatemala if that were possible. But, the problem she insists on “papering over” is that survival in Guatemala currently is not reasonably likely for many Guatemalans. Unless and until Congress creates a more realistic legal immigration system, there is simply no realistic opportunity for many Guatemalans other than to apply for asylum at the border. 

While asylum law would not cover them all, a proper interpretation and application through a re-established and meaningfully reformed system, overseen by expert judges (currently eschewed by Garland’s dysfunctional Immigration Courts) could admit many more legally and timely than the current non-existent system or past ones intentionally skewed against asylum seekers in a futile, improper attempt to use the legal process as a “deterrent.” It would also encourage and motivate asylum seekers to apply at legal ports of entry rather than crossing surreptitiously.

Yet Harris’s “clear message” (of non-hope) to the oppressed people in the Northern Triangle is for them to “die in place,” while awaiting long-term solutions that might or might not ever happen. Meanwhile, the world’s richest nation lacks the will and determination to re-establish a legal asylum screening and adjudication system at our Southern Border. 

Harris also wants the desperate masses “yearning to breath free” to know that the beacon of freedom no longer burns in America. We think it would be better if they died where they are, largely out of our sight and out of our mind.

We resent their efforts at survival, forcing us listen to their screams at our border for help that we prefer to deny (in violation of our legal obligations). We are bothered by the stench of the dead and annoyed by the news media’s incessant reporting on the Administration’s continuing failures of legality and humanity. Better (for us, not them) if they don’t come.

It’s an interesting “lesson” on racial and immigrant justice, as well as gender justice, from a Vice President who apparently prefers “inspiring” future generations to taking the tough, courageous moral and legal stands necessary to preserve and protect the current ones!

The Vice President might be correct on the rudiments of a better and more realistic long-term migration and economic plan for the Northern Triangle. But, her failure to recognize the essential first step of making the existing legal asylum asylum system work, and her unwillingness to tell Garland and Mayorkas to stop the foot-dragging and start complying with our laws and our Constitution, will doom her efforts long before they could ever have any positive impact.

The Southern Border is a big challenge. The solution has eluded all of Harris’s male predecessors, including her current boss, for the last half-century. 

It requires an end to “Milleresque” platitudes and an honest recognition of the human realities of forced migration. It cries out for a strong knowledgeable leader who will re-establish the legal asylum system already in the law, insist that for the first time in our history it be operated by experts with robust humanitarian protection goals, real progressive expert judges, and full constitutional due process. It demands an end to the mindless dehumanization and demeaning of asylum seekers and recognition that those granted asylum are legal immigrants, a source of strength, and a benefit to our nation, not a phenomenon to be demonized and feared.

It requires a robust refugee program in the Northern Triangle that takes the pressure off the border asylum system until needed changes in the legal immigration system can be pushed through Congress and the longer-term improvements in infrastructure and governance in the Northern Triangle take effect.

It also requires a leader with the comprehensive knowledge and moral courage to defend robust legal refugee and asylum systems and more legal immigration from the onslaught of racially-charged, myth-based attacks from White Nationalists and nativists that are sure to follow. She would also have to deal with pushback from an entrenched immigration bureaucracy and weak leadership from Garland and others who have continued to feed the problems rather than solve them.

Unfortunately for Vice President Harris, our nation, and, most of all, the forced migrants whose lives and humanity are on the line every day, right now the job appears to be bigger than the person.

🇺🇸Due Process Forever!

PWS

06-09-21

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AS TOTALLY DYSFUNCTIONAL IMMIGRATION COURTS 👎🏽 CONTINUE THEIR DESCENT INTO THE ABYSS, 80 EXPERTS AND ORGANIZATIONS ASK GARLAND TO UNDO BARR’S ILLEGAL “BANISHMENT” OF THE NATIONAL ASSOCIATION OF IMMIGRATION JUDGES (“NAIJ”)🧑🏽‍⚖️

Judge Amiena Khan is the executive vice president of the National Association of Immigration Judges (NAIJ)
Judge Amiena Khan, President National Association of Immigration Judges (NAIJ)

June 7, 2021

The Honorable Merrick Garland Attorney General

U.S. Department of Justice Washington, DC 20500

RE: Department of Justice Should Support the National Association of Immigration Judges and Withdraw the Petition to Decertify its Union

Dear Attorney General Garland,

We, the undersigned unions, organizations, immigration law professors and scholars, and other immigration court stakeholders call your attention to the urgent need to preserve and protect the National Association of Immigration Judges (NAIJ) and support collective bargaining by Department of Justice (DOJ) career civil servants. We are heartened by President Biden’s announcements on January 22, 2021, that both overturned his predecessor’s policies limiting employee rights to collectively bargain and also implement a wide-ranging policy to protect, empower, and rebuild the career federal workforce. President Biden’s announcements specifically encourage union organizing and collective bargaining.1

After four relentless years of union-busting, decisive leadership is needed to refortify the federal workforce. NAIJ and its 500+ bargaining unit members—immigration judges who are DOJ attorney employees—are in need of protection right now! NAIJ has been the collective bargaining representative for immigration judges since 1979. Yet, in 2019, the Trump administration filed a petition to strip immigration judges of their statutory right to be represented by a union and decertify NAIJ.

The Trump administration targeted NAIJ in retaliation for NAIJ’s criticism of both the unreasonable working conditions that DOJ managers imposed on its members and the sweeping curtailment of due process rights in immigration court.

While the decertification attempt was initially and thoroughly rejected in a decision by a career employee of the Federal Labor Relations Authority (FLRA), the decision was abruptly reversed

1 Executive Order 14003, on Protecting the Federal Workforce. 1

 

 in a politically-motivated decision by the FLRA. That FLRA decision ignored the detailed fact-finding of the career employee and reversed long-standing FLRA precedent that 20 years earlier had found that immigration judges were not in a position to influence agency policy.

The FLRA decision is devoid of any reasoned analysis and creates an extremely dangerous precedent for professional workers throughout the federal government. Future administrations could wield this decision like a sword to preclude other professional employees such as physicians, scientists, engineers, and others from unionizing. Indeed, this ill-conceived anti-union precedent could have devastating repercussions for decades to come.

At this moment, a motion to reconsider is currently pending at the FLRA, and we call on the DOJ to withdraw its opposition to that motion, withdraw its decertification petition, and take all steps to restore collective bargaining rights for NAIJ members. President Biden has committed to restoring labor unions and fair working conditions for federal employees. We ask the DOJ to do its part in supporting that objective by taking all necessary actions to ensure that the NAIJ remains a union so that it can continue to represent its members in support of fair working conditions. Doing so will be a service to Immigration Court stakeholders and the public at large.

We seek your immediate review and leadership in this matter. Sincerely,

Amiena Khan

Amiena Khan, President

National Association of Immigration Judges

Unions: AFL-CIO

American Federation of Government Employees (AFGE), AFL-CIO American Federation of Government Employees (AFGE), Local 511

American Federation of Government Employees (AFGE), Local 3525

American Federation of State, County & Municipal Employees American Federation of Teachers

Asian Pacific American Labor Alliance, AFL-CIO

Association of Flight Attendants-CWA

2

 Communications Workers of America (CWA)

Department for Professional Employees, AFL-CIO

Federal Education Association

International Federation of Professional and Technical Engineers (IFPTE) International Union of Painters and Allied Trades

Labor Council for Latin American Advancement National Association of Government Employees National Education Association

National Federation of Federal Employees National Nurses United

National Treasury Employees Union

National Weather Service Employees Organization Patent Office Professional Association

Service Employees International Union (SEIU) The International Brotherhood of Teamsters UNITE HERE

United Mine Workers of America

United Power Trades Organization

Organizations:

African Services Committee

Alliance for Justice

American Immigration Lawyers Association AsylumWorks

3

 Bellevue Program for Survivors of Torture Brooklyn Law School Safe Harbor Project Catholic Labor Network

Catholic Legal Services, Archdiocese of Miami Catholic Legal Immigration Network, Inc. Center for Gender & Refugee Studies

Columbia Law School Immigrants’ Rights Clinic Disciples Immigration Legal Counsel

Florence Immigrant & Refugee Rights Project Immigrant Defenders Law Group

The Legal Aid Society

Migrant Center for Human Rights

Minnesota Interfaith Coalition on Immigration Mississippi Center for Justice

National Immigration Law Center

National Network for Immigrant & Refugee Rights The Right to Immigration Institute

Round Table of Former Immigration Judges

Law Professors and Scholars with Institutional Affiliation for Identification Purposes only:

Sabi Ardalan

Clinical Professor of Law

Harvard Immigration and Refugee Clinical Program Harvard Law School*

Roxana C. Bacon

4

 Adjunct Professor of Law Arizona State University* University of Arizona* University of Miami*

David Baluarte

Associate Clinical Professor of Law Washington & Lee University School of Law*

Jon Bauer

Clinical Professor of Law and Richard D. Tulisano ’69 Scholar in Human Rights University of Connecticut School of Law*

Lenni B. Benson

Distinguished Chair of Immigration and Human Rights Law New York Law School*

Matthew Boaz

Professor

Washington & Lee School of Law*

Stacy Caplow

Associate Dean of Experiential Education & Professor of Law Brooklyn Law School*

Rose Cuison-Villazor

Vice Dean and Professor of Law Rutgers Law School*

Ingrid Eagly

Professor of Law

University of California Los Angeles School of Law*

Lauren Gilbert

Professor

St. Thomas University College of Law*

Lindsay M. Harris

Associate Professor & Director, Immigration & Human Rights Clinic University of the District of Columbia, David A. Clarke School of Law*

Katie Herbert Meyer

Associate Professor of Practice and Director of the Immigration Law Clinic Washington University*

Geoffrey Hoffman

Clinical Professor and Immigration Clinic Director

5

 University of Houston Law Center*

Alan Hyde

Distinguished Professor of Law and Sidney Reitman Scholar Rutgers Law School*

Erin Jacobsen

Professor and Director at Vermont Law School’s South Royalton Legal Clinic Vermont Immigrant Assistance

Vermont Law School*

Hiroko Kusuda

Clinic Professor and Director of Immigration Law Section

Loyola University New Orleans College of Law*

Stuart H. Smith Law Clinic and Center for Center for Social Justice

Vanessa Merton

Professor of Law

Immigration Justice Clinic Elizabeth Haub School of Law*

Karen Musalo

Professor and Founding Director, Center for Gender & Refugee Studies and the Refugee and Human Rights Clinic

U.C. Hastings College of the Law*

Lori A. Nessel

Professor

Seton Hall University School of Law*

Michael A. Olivas

Wm B. Bates Distinguished Chair (Emeritus) University of Law Center*

Maria Mercedes Pabon Professor of Law

Loyola University New Orleans*

Carrie Rosenbaum

Lecturer in Legal Studies University of California, Berkeley*

Faiza Sayed

Visiting Professor of Clinical Law and Co-Director Safe Harbor Clinic

6

 Brooklyn Law School*

Gemma Solimene

Clinical Associate Professor of Law Fordham University School of Law*

Elissa Steglich

Clinical Professor and Co-director Immigration Clinic University of Texas School of Law*

Mark E. Steiner

Professor of Law

South Texas College of Law Houston*

Enid Trucios-Haynes Brandeis School of Law University of Louisville*

Irene Scharf

Professor

Immigration Law Clinic University of Massachusetts*

Doug Smith

Lecturer in Legal Studies Brandeis University*

Paul Wickham Schmidt Immigrationcourtside.com

Erica B. Schommer

Clinical Professor of Law

St. Mary’s University School of Law*

Michael J. Wishnie

William O. Douglas Clinical Professor of Law Yale Law School*

*Institutional affiliation for identification purposes only

7

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

FULL DISCLOSURE:  I am a retired member of the NAIJ.

Thanks to my friend Judge Amiena Khan and the rest of her leadership group at the NAIJ for all they do to fight for due process for individuals in Immigration Court!

To date, Garland and his team have been busy defending Billy Barr’s and Trump’s corruption from legal accountability, appointing Barr’s hand-picked “judges” to their overtly non-progressive judiciary, attempting to intimidate the press (until the White House finally had to intervene), and carrying out pre-existing Stephen Miller inspired precedents and policies. Oh yeah, and engaging in their own mindless unilateral round of “Aimless Docket Reshuffling” (a/k/a yet another designed to fail “Dedicated Docket”) in Immigration Court while continuing to build on the pre-existing 1.3 million case backlog. They have also been occupied with ignoring every progressive and expert suggestion and NOT appointing progressives to leadership and judicial positions. Wow! That’s a very full plate (of unappetizing food)!

So, I’m not holding my breath for a favorable response to the latest request for the injection of some legality, common sense, and decency into EOIR. Nor am I expecting Biden and Harris to honor their commitment to Federal Employee Unions, after watching their performance to date on immigration and human rights. Additionally, given the continuing abysmal performance of EOIR and its ongoing waste and incompetence, I doubt whether they want any “internal critics” speaking truth to power. 

So far, Garland is on course to be “Billy Barr, Jr.” While that might help Barr to avoid legal accountability for his corrupt administration of justice @ Justice, it’s not so good for progressives who would like to see (and once believed they would see) some “justice from Justice” particularly for racial minorities, women, children, asylum seekers, and other migrants. 

They also would like to see at least minimally professional and respectful treatment of those appearing and representing individuals in Immigration Court. While Garland, Monaco, Gupta, and Clarke are all being paid comfortable “top of the line” USG salaries for ignoring long-overdue progressive reforms @ EOIR, many attorneys representing individuals in their “Star Chambers” are operating pro bono or low bono in their attempts to keep Garland’s failing and flailing system afloat. 

Just more reasons why we need an independent Article I Immigration Court to deliver due process, racial, and gender justice to individuals, regardless of status.

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License. Guess Garland forgot to flush!

🇺🇸Due Process Forever!

PWS

06-08-21

 

NOT ROCKET SCIENCE, 🚀 BUT BIDEN ADMINISTRATION LACKS EXPERT PROGRESSIVE LEADERSHIP WHO “GETS IT” — Will VP Harris Be Able To Break Out Of The “Death Spiral” ☠️ Of “Proven, Guaranteed To Fail” Racist Immigration Deterrence? — “It’s Groundhog Day at the border, and Biden is mindlessly laying the foundation for more problems in a few years. We’ve watched it all play out before. Immigration deterrence doesn’t work.” 

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”. — “The reality of racial justice and the rule of law for people of color at our Southern Border is rather sobering, as the Biden Administration fails to usher in needed progressive reforms. How many more people will die because this Administration won’t follow the Constitution, The Refugee Act, and our international obligations? We’ll never achieve racial justice so long as dehumanization of people of color is our official policy, carried out by a broken and dysfunctional DOJ!”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
Vice President Kamala Harris
Vice President Kamala D. Harris
Vice President of the United States — “Will she be able to get beyond the mistakes of the past and put rationality, humanity, and the rule of law in place at the Southern Border. So far, the results of her leadership are NOT encouraging for those who believe in progressive, humanitarian, legal policies.”
(Official Senate Photo)

https://www.washingtonpost.com/opinions/2021/06/03/immigration-mexico-guatemala-kamala-harris-biden-border-reform/

Opinion by James Fredrick in WashPost

June 3 at 3:44 PM ET

James Fredrick is a multimedia journalist based in Mexico City and covers migration, crime, politics and sports.

. . . .

Obama tried deterring migrants with his characteristic lawyerly tact. Trump did it with his cruel, petty impulsiveness. Biden is doing it with his folksy toughness. The styles are different, but the results of immigration deterrence will always be the same.

We’re trapped in this cycle because the U.S. government refuses to listen to migrants. Having met hundreds of migrants during my years reporting in Mexico and Central America, it’s obvious why deterrence doesn’t work: What’s at home is worse than anything the United States could threaten. Most migrants don’t want to leave home. But they do because violent death or crippling destitution is all that’s left.

Failing to actually come up with a solution, we of the “greatest country on Earth” become tremendously feeble and defensive at the arrival of a few thousand immigrant children. But there is another way.

We must treat immigration as a civil and humanitarian issue, not a criminal one. Criminalizing people fleeing violence, persecution, climate change or economic hardship exacerbates these problems. So decriminalize border crossings and rebuild border facilities as welcome centers, not jails. Border Patrol and Customs and Border Protection agents at the border should be social workers, not cops.

If Trump’s family separation atrocity showed us anything, it’s that millions of Americans want to help immigrants in need. The United States should cooperate more with these groups. There are already large networks around the country that can provide housing, food, legal services, education and medical services to immigrants. Why rely on expensive armed border agents instead of willing, motivated humanitarian groups?

Immigration laws should also address the challenges of the 21st century. In addition to decriminalizing border crossings, our immigration laws rely on outdated quotas and corrupt, abusive worker programs. Asylum law is a relic of the Cold War and doesn’t reflect the world today.

Finally, Washington should stop making the problems worse with bad foreign policy. Despite numerous abuses, scandals and criminal allegations involving Honduran President Juan Orlando Hernández, the Biden administration refuses to denounce him, though many think he is responsible for the conditions Hondurans are fleeing. In fact, Biden administration officials are working with Hernández to try to prevent Hondurans from fleeing. He’s just one example in a long history of U.S. meddling to prop up corrupt, abusive, U.S.-friendly regimes. No amount of U.S. dollars in aid can make up for bad foreign policy.

President Biden can’t stop the crisis today. After all, he helped create it. But he can make sure this is the last “border crisis” we face.

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

Read the complete op-ed at the link.

Ah, “mindlessly” — one of my favorite terms, usually applied these days to Garland and his inept team at DOJ! Actually, Frederick isn’t the only one to figure this out! 

The problem remains, as I have stated over and over, the toxic failure of the Biden Administration to bring progressive experts in immigration, human rights, civil rights, and “applied due process” into Government and empower them to solve the problems! It’s bizarrely compounded by the disgraceful unwillingness of those few in the Biden Administration, like Vanita Gupta and Kristen Clarke, who actually know better, to speak up for racial justice, social justice, human rights, and human dignity at the DOJ! 

Unless VP Harris wakes up, convinces her boss, and brings in the progressive experts, she’s headed for the abyss, taking thousands of vulnerable refugees and, perhaps, American democracy down with her! 

Refusal to listen: to migrants, their representatives, experts, our “better angels,” and common sense! The same problems, over and over, Administration after Administration, decade after decade! The same “built to fail” policies repeated! 

The truth is in front of the Biden Administration! But, like Garland, Mayorkas, and others leading the way over the cliff, Biden and Harris can’t see it! They appear to have “tuned out” those desperately trying to keep them from plunging over the precipice! So tragic, so unnecessary, so threatening to American democracy and the future of humanity!

🇺🇸🗽Due Process Forever!

PWS

06-05-21