THE ABSURDITY OF TRUMP’S SHUTDOWN & ITS DEVASTATING EFFECT ON OUR ALREADY CRUMBLING IMMIGRATION COURT SYSTEM DETAILED IN OPEN LETTER TO CONGRESS BY NAIJ PRESIDENT, HON. A. ASHLEY TABADDOR

01092019senate

NATIONAL ASSOCIATION OF IMMIGRATION JUDGES
President A. Ashley Tabaddor c/o Immigration Court 606 S. Olive Street, 15th Floor Los Angeles, CA 90014 (213) 534-4491
______________________________________________________________________________________________________ January 9, 2019
Dear Senator,
As has been widely reported, the current government shutdown over U.S. immigration policy has placed an unmanageable burden on our nation’s Immigration Courts. As an Immigration Judge in Los Angeles presently on furlough and as President of the National Association of Immigration Judges (NAIJ), I am acutely aware of the impact of the current government shut down on our Immigration Courts, Immigration Judges and the parties who appear before us.
There is currently a backlog of more than 800,000 pending immigration cases (an increase of 200,000 cases in less than two years, in spite of the largest growth in the number of judges in recent history – from under 300 to over 400 U.S. Immigration Judges). We, as Immigration Judges, are responsible for determining whether claimants can remain in the United States or must be deported or detained.
Because of the crushing backlog of cases, our individual court calendars are booked, morning and afternoon, every day of the week, multiple years in advance. Some days our judges have more than 80 cases on their dockets. Every day that our courts are closed, thousands of cases are cancelled and have to be rescheduled. However, the likely re-scheduling option is – as Washington Post editorial writers suggest – plucked from a New Yorker cartoon: “Never. Does never work for you?” While this is hyperbole, it is not far from the truth. Since it is impossible to predict when these cases can reasonably be rescheduled, it might as well be “never.”
The concept of “never” cannot be accepted and does not work for the United States. It is unacceptable to prevent those who should be deported to remain here indefinitely or to prevent those who are eligible for relief from being granted relief and receive the benefit they deserve. When a hearing is delayed for years as a result of a government shutdown, individuals with pending cases can lose track of witnesses, their qualifying relatives can die or age-out and evidence already presented becomes stale. Those with strong cases, who might receive a legal
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immigration status, see their cases become weaker. Meanwhile, those with weak cases – who should be deported sooner rather than later – benefit greatly from an indefinite delay.
Judges, as public servants, along with our fellow federal employees and people across the country, are also being asked to carry the burden of a government shut-down. Every Immigration Judge across the country is currently in a “no-pay” status. Those who have been furloughed are anxious about having been prevented from continuing to work and earn their living. The judges who have been deemed as “excepted” are serving the American people without pay and doing so with added unnecessary pressures, including the Department’s recent announcement that most hearings will no longer be accompanied with in-person interpreters, and that the judges’ previous compressed work schedules and administrative time to review cases has been cancelled. On behalf of the NAIJ, I urge you to bring a rapid end to the current shutdown.
The root cause, however, of an increasing backlog of cases, the delays, uncertainty and unfairness in U.S. Immigration Courts is that our Immigration Court and judges are directly accountable to the U.S. Attorney General, the federal government’s lead prosecutor. This underlying structural flaw has led to repeated violations of the basic tenants of our American judicial principles, that of an independent and impartial judge and court. While we are grateful to Congress for the recent allocation of additional funding to our resource starved courts, such as added Immigration Judge teams, history has proven that the issues plaguing our Immigration Courts will not be corrected simply through more funding. The enduring solution, which has been publicly supported by multiple prominent legal organizations and scholars, is to remove the Immigration Court from the Justice Department and afford it with the true independence it needs and deserves. It is long past time to vest U.S. Immigration Judges – like our counterparts in U.S. tax and bankruptcy courts – with full judicial independence under Article 1 of the U.S. Constitution.
We are available at your convenience to discuss these critical issues. Sincerely,
Hon. Ashley Tabaddor
President, National Association of Immigration Judges
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Wow! Trump is taking “Aimless Docket Reshuffling” — the REAL primary cause of the unmanageable court backlog — to new heights.

And, Judge Tabaddor isn’t even counting the 300,000 or so already closed cases that EOIR Director McHenry includes in his backlog count (undoubtedly on orders from his DOJ “handlers”)!

Nor does she include more than 300,000 Central Americans and Haitians that the Administration is mindlessly (and perhaps illegally) trying to boot out of their current status. Of course, the vast majority of the TPSers would have strong claims for “Cancellation of Removal.” So, in truth, they are not going anywhere except into the Court’s backlog. Trump will be long gone before the Immigration Courts even get to,the first of those cases!

Running hearings without in person interpreters! That’s almost a prima facie Due Process violation. I can virtually guarantee that it will result in many inadequate or disputed translations, meaning remands by the BIA and the Article IIIs for “redos.” Haste makes waste!

What if we actually invested in a system that “does Due Process right” the first time around? Certainly, it would make the system fairer and more efficient. It wouldn’t cost $5.7 billion either. Indeed some of that money could be spent on providing universal representation for asylum seekers.  Or how about a functioning e-filing system which almost all other high volume courts in America also have?

Could it get any dumber than Trump shutting down the Immigration Courts, essential to immigration administration and enforcement, over immigration enforcement? No, it couldn’t!

PWS

01-12-19

BORDER COMMUNITIES TO TRUMP: No Crisis, No Wall – But, We Would Welcome More Resources & Tech For Ports Of Entry – So, Why Not Do The “Smart” Thing?

https://apple.news/AFgN6O-3GTKCkf_cjqYFDjg

Gina Martinez reports for Time:

President Trump Went to a Border Town to Prove They Need a Wall. Residents Say Otherwise

‘We have never supported the wall,’ says a spokeswoman for the Texas Border Coalition

Gina Martinez

President Trump spent Thursday in McAllen, Texas attempting to make his case for a border wall, but members of the Texas Border Coalition — including McAllen’s mayor — say an investment in a wall is the wrong choice.

On Thursday, Trump hosted a roundtable at a McAllen Border Patrol station with Secretary of Homeland Security Kirstjen Nielsen, local law enforcement officers and local officials including McAllen Mayor Jim Darling. Displayed in front of the President was a table filled with seized contraband, which included over $300,0000 in cash, “gold-plated and diamond encrusted” machine guns and large amounts of methamphetamine and heroin. U.S. Customs and Border Patrol (CBP) agents pointed out all of the items were spotted or apprehended at various legal ports of entry and checkpoints, including Laredo POE.

CBP officers also showed Trump blown-up photos of tunnels that were dug to get guns and drugs across the border. Neither border patrol agents nor President Trump explained how a border wall would help stop the flow of drugs through tunnels and legal ports of entry.

McAllen Mayor Jim Darling, who is not affiliated with a political party, tells TIME that even if it was not Trump’s intention, the roundtable appeared to make the case for increased funding at legal ports of entry instead of the wall.

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“I thought that showed that ports of entry are working,” he says. “I understand he’s trying to make a point, I’m a little theatrical myself, most politicians are. I understand that, I understand why someone would say ‘Okay, those were all confiscated at the point of entry, so what’s that gotta do with people crossing the river?’”

Darling says he was glad that the President expanded on the concept of a “wall” by mentioning it could include further investments in areas like infrastructure and technology.

“You know it was kind of interesting, today the President said, ‘When I’m talking about a wall, I don’t just mean a wall,’ and I thought metaphorically that was true, but it was nice to hear him say that,” Darling says.

He says Trump mentioned that roads, infrastructure, and technology, along with what the President has deemed a humanitarian “crisis,” was a new approach to the wall situation: “It was good that the discussion was being had.”

Darling says he does not know where the mentioned investments in infrastructure fall in the $5.7 billion in funds the President is requesting for the wall: “He had to flesh that out, you presume from his presentation it is there somewhere but I’ve never seen that, it’s always been just the wall.”

Meanwhile, Julie Hillrichs, spokeswoman for the Texas Border Coalition, a group of border mayors (including Darling), county judges and border communities focused on issues that impact border quality of life for more than 2.5 million people, tells TIME the Coalition believes the real way to increase security at the border would not be a wall, but increased investment in the legal ports of entry that already exist in their area.

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“We have never supported the wall,” Hillrichs says. “The Border Coalition has consistently over the years stated we believe the wall is a wasted investment.”

Trump’s demand for $5.7 billion in funding for a border wall is at the center of the partial government shutdown. During his Oval Office address to the nation on Tuesday, Trump characterized the situation at the border as a “growing humanitarian and security crisis.” Trump claimed that Americans were being put at risk by the influx of illegal immigrants and drugs pouring across the border, despite statistics showing there has been a decrease in people caught crossing the border and most drugs that are smuggled into the country come in through legal ports of entry.

Top congressional Democrats have declined to allocate funds for Trump’s wall, arguing that Trump is manufacturing a “crisis,” and talks to end the shutdown have stalled.

Darling tells TIME he also takes issue with the situation at the border being described as a “crisis.”

“We don’t feel a crisis in our city,” Darling says. “That’s one of the problems with just saying there’s a crisis on the border: It affects border towns. We’re a vibrant area. McAllen is the safest city in the state of Texas, and we’re right on the border, so that kind of rhetoric resonates and sells newspapers, but it hurts our area.”

“I want to emphasize all the discussions about danger and crisis … We live day to day in a very safe community and all our people feel that way. We had no murders last year in a city of 150,000,” Darling adds.

Residents and leaders in the community say they are looking for real solutions for immigration. McAllen, located in the Rio Grande Valley, is home to 143,000 residents, and houses the country’s largest immigration processing center: U.S. Border Patrol Central Processing Center — also known as “Ursula.”

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Residents are making their thoughts on Trump’s visit known in unconventional ways.

Bert Guerra, co-owner of Cine El Rey, a theater in McAllen, customized the marquee to read “Welcome to McAllen 7th safest city in America.” (In 2018, Niche ranked McAllen at 20th safest.)

Guerra tells TIME that he felt an obligation to share the statistic to get a message across about how he says the majority of the community feels about the notion that the city is dangerous.

“We’re about eighty-five percent Hispanic in the Rio Grande Valley, so I think we have a decent poll of what a majority of the people feel like,” Guerra said. “Unfortunately, we had to put that sign up just to start a conversation: Is this so bad that we have to shut down the government? Are people going amok in our backyards? They’re not.”

Visit TIME.com

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

BINGO:  Pretty much what I’ve been saying a “real” border security package should look like:  https://wp.me/p8eeJm-3yt

So why not do a $6 billion package along these lines?

Trump could claim that “It’s a wall.” (Facts never matter to him and his supporters.)

Dems could claim they enacted a “Smart Border Security Package.” (Thus gaining credibility on border security.)

Border residents would get what they really want and need.

Protracted litigation over taking border residents’ property would be avoided.

Government workers could go back to work.

American taxpayers would actually get something useful for their money.

Sounds like a winner! Why not?

PWS

01-10-19

 

 

THE HILL: NOLAN SAYS TRUMP HAS THE WRONG “BORDER CRISIS”

https://thehill.com/opinion/immigration/424893-there-is-a-border-crisis-its-just-not-quite-what-the-president-said-it-is

Family Pictures

Nolan writes, in part:

. . . .

Unfortunately, Trump has made it easier for them by basing his request on claims about who is crossing the border that can be disputed readily, such as that many of them are terrorists or criminals.
He should base his otherwise correct argument instead on the numbers — on the fact that the sheer number of illegal crossings has overwhelmed our immigration courts, creating a backlog crisis that has made it virtually impossible to enforce our immigration laws, and that the border cannot be secured when illegal crossers are allowed to remain here indefinitely.
**********************************************
Go on over to The Hill at the link for Nolan’s complete article.
  • Democrats aren’t destroying Trump’s credibility; he’s doing that himself with his constant lies and false narratives; this is just the latest and one of the most egregious examples;
  • By all reliable counts, illegal border crossings at the Southern Border are down substantially;
  • What is “up” are crossings by unaccompanied children and families from the Northern Triangle seeking asylum;
  • Such individuals present a humanitarian situation arising from a crisis in the Northern Triangle; but, they are not a “security threat” to the US; almost all turn themselves in at ports of entry or shortly after entering to apply for asylum under our legal system as they are entitled to do;
  • Those (other than unaccompanied children) who don’t establish a “credible fear” can be returned immediately without ever getting to the Immigration Courts (except for brief “credible fear reviews” before Immigration Judges);
  • The vast majority have a “credible fear” and should be referred to Immigration Court for full hearings on their claims in accordance with the law and our Constitution;
  • When matched with pro bono lawyers, given a clear understanding of the requirements, and time to prepare and document a claim, they appear for court hearings almost all the time;
  • Even with the Trump Administration’s “anti-asylum campaign” directed primarily at applicants from the Northern Triangle, and the lack of representation in approximately 25% of the cases, asylum claims from the Northern Triangle succeed at a rate of approximately 20%, https://wp.me/p8eeJm-3oo;
  • Undoubtedly, there is a “crisis” in our U.S. Immigration Courts — a Due Process and mismanagement crisis;
  • But, the Trump Administration with its often illegal actions and gross mismanagement, has actually managed to artificially increase the Immigration Court Backlog from just over 500,000 to more than 1.1 million in less than two years — despite having at least 100 additional Immigration Judges on duty, https://wp.me/p8eeJm-3qN;
  • Indeed, Trump’s shutdown is unnecessarily “ratcheting up” the Immigration Court backlog and initiating a new round of “Aimless Docket Reshuffling” right now;
  • In addition to not understanding the true complexities of the immigration system, the Administration’s incompetent administration of the Immigration Courts is another reason why Trump might choose to shift attention elsewhere.;
  • Somebody will have to address the Due Process and administrative mess in the Immigration Courts in a constructive manner, starting with an independent, apolitical, court structure; but it won’t be the Trump Administration.

PWS

01-10-19

 

US DISTRICT JUDGE BRINKEMA CRITICIZES INCREASE IN LOW-LEVEL IMMIGRATION PROSECUTIONS: “I think this is not the best use of judicial or Justice Department resources to keep seeing these types of cases.”

https://www.washingtonpost.com/local/public-safety/federal-judge-criticizes-prosecutors-over-increase-in-illegal-immigration-cases/2019/01/10/98d4692e-103c-11e9-84fc-d58c33d6c8c7_story.html

Rachel Weiner and John D. Harden report for WashPost:

Federal judge criticizes prosecutors over increase in immigration cases

January 10 at 12:47 PM

A federal judge has spoken out against a sharp increase in Northern Virginia in the prosecution of immigrants who reenter the country after deportation.

“I hope this is not the start of a pattern for this year,” Judge Leonie M. Brinkema said in Alexandria federal court last week, noting that there were six such cases scheduled for the first Friday in January. “I think this is not the best use of judicial or Justice Department resources to keep seeing these types of cases.”

She added that she would like that message to be relayed to U.S. Attorney for the Eastern District of Virginia G. Zachary Terwilliger.

The defendant before her that morning, Ramon Adrian Ochoa Paz, ended up in federal court after serving time in Prince William County for aggravated sexual battery of a child, a felony. But in federal court, his only alleged crime was coming back into the country after being deported in 2000. And he is something of an outlier; in the majority of the 224 felony reentry after deportation cases filed in the Eastern District last year, the initial arrest involved misdemeanor offenses, most commonly drunken driving. Arrests for misdemeanor assault and public intoxication are also common.

The vast majority of these cases are prosecuted at the border, where immigrants are caught crossing illegally. The Eastern District of Virginia ranked sixth among non-border districts in illegal reentry prosecutions last fiscal year.


The federal courthouse in Alexandria, Va. (Mark Wilson/Getty Images)

The Eastern District of Virginia, a large and high-profile office led by a prosecutor who worked under Sessions, has seen a particularly sharp rise in such cases, from 78 filed in 2017 to nearly three times that number the following year.

Terwilliger declined to comment, but in recent months he has begun highlighting cases in which defendants have repeatedly come into the country illegally and committed other crimes while here. They included a Salvadoran man arrested for his fifth drunken driving offense who already had a felony reentry conviction and a Mexican man with a sexual assault and drug record who had previously been deported.

“We are committed to criminal immigration enforcement and will continue to prioritize these cases,” the U.S. attorney wrote in one such news release.

Terwilliger has simultaneously emphasized his support for legal immigration, regularly taking part in the Alexandria courthouse’s monthly naturalization ceremonies. In his first-ever tweet, he wrote, “These individuals exemplify that we are both a nation of immigrants and a nation of laws.”


U.S. Attorney for the Eastern District of Virginia G. Zachary Terwilliger. (Department of Justice)

Most illegal immigrants convicted of coming back into the country after deportation do not have previous felony or extensive misdemeanor records and are usually not sentenced to any incarceration beyond time already served awaiting judgment before they are handed over to U.S. Immigration and Customs Enforcement, according to federal court records. The average sentence in fiscal 2018 for those who did get prison time was five months, according to data from Syracuse University’s Transactional Records Access Clearinghouse — on the low end nationally and a decline from previous years.

 In many cases the initial charges are dropped or left hanging because the defendant is already in ICE custody. When the initial crime is more serious, a defendant is more likely to be prosecuted on federal charges after completing a local sentence.

Only a few of those prosecuted were not arrested for any reason other than returning to the country after deportation — for example, a contractor hired to work on a house where FBI agents were serving a search warrant.

Often, defense attorneys in these cases ask to skip as much of the standard court process as possible, hoping to move a case quickly to sentencing. Illegal immigrants rarely have the funds to hire attorneys; most of these cases are handled by taxpayer-funded public defenders.

“The court, prosecutors, and defense lawyers spend considerable time and resources, particularly to hire interpreters, on illegal reentry cases. Yet these defendants almost all face, in addition to prosecution, detention in ICE custody and deportation,” Geremy Kamens, lead public defender for the Eastern District said in a statement. “Particularly for defendants who have little or no criminal record, ICE detention and removal already amount to a significant punishment.”

Brinkema has challenged the Trump administration’s immigration policies before. She issued a preliminary injunction against the White House’s travel ban on seven majority-Muslim countries in 2017, saying there was “unrebutted evidence” that the order was motivated by “religious prejudice.”

But in immigration cases involving a pattern of bad conduct, she has not shied away from imposing relatively long sentences.

Giving one man with a history of domestic violence and drunken driving a 14-month sentence for recrossing the border illegally, she told him, “You’re a menace when you’re in this country.”

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

Under Trump, Sessions, and now Whitaker, the DOJ is no stranger to promoting prosecutorial abuses. Just think of the unconscionable clogging of US District Courts along the border with minor offenders as part of Sessions’s ill-fated “zero tolerance” policy; the Government’s frivolous anti-sanctuary litigation which they have lost everywhere; the abusive “re-calendaring” of previously properly closed “low priority” removal cases on already overwhelmed Immigration Court dockets; and the illegal and unethical use of “AG certification” to rewrite portions of immigration law that weren’t broken in the first place.

On the flip side, the individual actually involved in this particular case sounds (from the facts presented here) like a “bad actor” who would be an enforcement priority in any Administration. I also appreciate U.S. Attorney’s Terwilliger’s public support of naturalization and legal immigration, something which puts him at odds with some other Administration officials and Trump himself who keeps parroting the nativist “we need cuts to legal immigration” party line.

At least Judge Brinkema gets to speak her mind. By contrast,”captive” U.S. Immigration Judges controlled by the DOJ are “muzzled” when it comes to commenting on the politicized mess that this Administration is causing in the Immigration Courts through “Aimless Docket Reshuffling,” political meddling with the law by biased Attorneys General, and a total lack of discipline or discernible priorities at DHS Enforcement.

Assuming that the Immigration Courts eventually reopen their doors for non-detained cases (the vast, vast majority of the docket), the additional mess and chaos created in an already dysfunctional and mismanaged system though Trump’s mindless and unnecessary shutdown is likely to be irreparable.

PWS

01-10-19

FRAUD, WASTE, & ABUSE: Trump’s Bogus Wall Could Be Breached By Anyone With A Ladder, Shovel, The Agility of a 10-Year-Old Child – Or A Saw!

https://apple.news/AymAseB7HTrmR5T9j6JLAIQ

Julia Ainsley

Jacob Soboroff & Julia Edwards Ainsley report for NBC News:

Test of steel prototype for border wall showed it could be sawed through

President Donald Trump has repeatedly advocated for a steel slat design for his border wall, which he described as “absolutely critical to border security” in his Oval Office address to the nation Tuesday. But Department of Homeland Security testing of a steel slat prototype proved it could be cut through with a saw, according to a report by DHS.

A photo exclusively obtained by NBC News shows the results of the test after military and Border Patrol personnel were instructed to attempt to destroy the barriers with common tools.

The Trump administration directed the construction of eight steel and concrete prototype walls that were built in Otay Mesa, California, just across the border from Tijuana, Mexico. Trump inspected the prototypes in March 2018. He has now settled on a steel slat, or steel bollard, design for the proposed border barrier additions. Steel bollard fencing has been used under previous administrations.

However, testing by DHS in late 2017 showed all eight prototypes, including the steel slats, were vulnerable to breaching, according to an internal February 2018 U.S. Customs and Border Protection report.

Photos of the breaches were not included in a redacted version of the CBP report, which was first obtained in a Freedom of Information Act Request by San Diego public broadcaster KPBS.

The photo of testing results obtained by NBC News was taken at the testing location along the California-Mexico border, known as “Pogo Row.”

Responding to the picture from the South Lawn of the White House on Thursday morning, Trump claimed “that’s a wall designed by previous administrations.”

While it is true that previous administrations used this design, the prototype was built during his administration.

“It’s very, very hard — the wall that we are doing is very, very hard to penetrate,” Trump said.

NBC News toured the eight wall prototypes twice before President Trump’s March 2018 inspection. According to San Diego Sector Border Patrol Chief Rodney Scott, the versions seen by NBC News and the president, however, were larger than the actual prototypes tested at “Pogo Row.”

In a statement, DHS Spokeswoman Katie Waldman said, “The steel bollard construction is based on the operational requirements of the United States Border Patrol and is a design that has been honed over more than a decade of use. It is an important part of Border Patrol’s impedance and denial capability.”

“While the design currently being constructed was informed by what we learned in the prototypes, it does not replicate those designs,” said Waldman. “The steel bollard design is internally reinforced with materials that require time and multiple industrial tools to breach, thereby providing U.S. Border Patrol agents additional response time to affect a successful law enforcement resolution. In the event that one of the steel bollards becomes damaged, it is quick and cost-effective to repair.

“The professionals on the border know that a wall system is intended not only to prevent entry, it is intended to defer and to increase the amount of time and effort it takes for one to enter so that we can respond with limited border patrol agents. Even a wall that is being breached is a valuable tool in that it allows us to respond to the attempted illegal entry.”

In response to KPBS, CBP spokesman Ralph DeSio said the prototypes “were not and cannot be designed to be indestructible,” but were designed to “impede or deny efforts to scale, breach, or dig under such a barrier, giving agents time to respond.”

In his address to the nation Tuesday, Trump said the steel fence design is “what our professionals at the border want and need. This is just common sense.”

As a candidate, Trump promised to build an “impenetrable, physical, tall, powerful, beautiful” wall on the border that would be paid for by Mexico. Before the Oval Office address, the White House’s Office of Management and Budget sent a letter to Congress requesting $5.7 billion for the construction of 234 miles of steel barrier.

Amid a government shutdown over his border wall proposal, Trump will travel to McAllen, Texas Thursday to make the case for building the additional border barrier.

House Homeland Security Committee Chairman Rep. Bennie Thompson, D.-Miss., said there is “nothing special” about Trump’s wall design.

“President Trump likes to pretend a wall will solve all our problems, but it’s been clear for some time that it is little more than a very expensive vanity project,” said Thompson. “Whether steel or concrete, there is nothing special about his wall and it will not secure our borders. Democrats are willing to work with the administration to improve our border security, but let’s get back to proven and effective solutions.”

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

Hit the link above for the NBC News videos that go with this report.

One of Trump’s many, many lies is that this is about “border security.” That’s never been a real concern of his. No, it’s all about politics, racist symbolism, power, and vanity. As Chairman Thompson and many others of us have said all along, if we want “border security” there are many smarter and more effective ways to spend $5.9 million, with additional physical barriers playing a relatively minor role.

“Trumps Folly” would take about 10 years to build, do nothing to stop drug smugglers or other criminals, destroy the environment along the border in a number of ways, and have little, if any, long-term impact on extra-legal migration except, perhaps, to raise smuggling fees and kill some more migrants by forcing them to use smugglers employing more dangerous methods or routes. The idea that this is a “national emergency” or that it would be an appropriate response to an ongoing humanitarian situation is simply outlandish, even by Trump’s corrupt standards.

Indeed, Trump’s erratic behavior and inappropriate threats make a strong case that Congress should repeal or severely circumscribe the President’s statutory authority to declare a “national emergency,” and that while they are at it they also should repeal section 212(f) of the INA which was misused to support the bogus Travel Ban (a/k/a “Muslim Ban”).

As others have observed recently, Trump is a walking, talking argument for an end to the “Imperial Presidency” and a return to a more balanced Government where Congress actually lives up to its important Constitutional role.

PWS

01-10-19

 

 

BESS LEVIN @ VANITY FAIR: KAKISTOCRACY IN ACTION — America Suffers As Trump Bumbles Along With His White Nationalist, Pro-Kremlin Agenda!

https://www.vanityfair.com/news/2019/01/bye-bye-donald-trump-throws-a-fit-after-pelosi-tells-him-no

Bess writes:

Today is the 19th day of the government shutdown. If it drags on much longer, the U.S. is at risk of losing its triple-A rating, which could increase borrowing costs and put a chill on the economy. At present, 800,000 federal employees are either furloughed or being forced to work without pay, including T.S.A. agents and the Secret Service. Farmers are struggling to get the subsidies they were promised to offset the damage done by the president‘s trade war. Financial-fraud investigations have “ground to a halt.” Human shit and garbage have piled up in national parks. Speaking of shit, food inspections by the F.D.A. have been curtailed, including inspections of food considered “high risk,” raising the possibility of E. Coli and salmonella outbreaks. At the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, 1,523 of 3,531 employees “are considered non-essential,” while D.H.S.’s Countering Weapons of Mass Destruction Office is reportedly two-thirds empty.

Understanding that Democrats are unlikely to ever agree to fund a border wall—barring getting something major in exchange, like a DACA deal—did the president decide to cut a deal to get things up and running again? Not exactly! Chuck Schumer told reporters on Wednesday that when Democrats didn’t fork over the hostage money during a meeting at the White House, Trump slammed the table and stormed out of the room, like a tween who’s been told she can’t leave the house in a crop top. Shortly after, Trump confirmed:

For those old enough to remember back to mid-December, Nancy Pelosi’s position has not changed—the only thing that has changed is that the president, who told Pelosi and Schumer on December 11 “I’m not going to blame you for [the shutdown],” is now trying to blame the completely unnecessary closure of the government on Democrats. His lies have shifted as well— after claiming that the unpaid federal employees are “mostly” Democrats, ergo he has no sympathy for them, on Wednesday he insisted the workers facing evictionand permanent loss of wages want the wall as much as he does. “You take a look at social media,” the ex-Miss Universe owner explained, “[And] so many of those people are saying, ‘It’s very hard for me, it’s very hard for my family, but, Mr. President, you’re doing the right thing.’”

Elsewhere in delusions, the G.O.P. continues to believe that Trump will get Democrats to bend to his demands by employing the same negotiating skills and business acumen that led him to acquire the Plaza Hotel for $60 million more than it was thought to be worth, purchase the Eastern Air Lines Shuttle for, again, some $60 million more than high estimates said it should go for, overpay for football players as a team owner in the doomed United States Football League, and put multiple Trump companies into bankruptcy, most memorable among them the “the debt-bloated Trump Taj Mahal.” Instead, this is the level of savvy we’re dealing with:

House Minority Leader Kevin McCarthy said that Trump had brought candy to the meeting in an effort to smooth things over.

Who could have predicted Chuck and Nancy wouldn’t immediately write a check for $5.6 billion after being plied with Baby Ruth bars, M&M’s and Butterfingers? That kind of thing totally worked when he was negotiating a licensing deal for Trump Steaks! People were lining the streets to give him money!

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White House decides letting 38 million people starve during shutdown would’ve been a bad look

To be fair, you could see them going either way on this one:

Trump administration officials said Tuesday that the Agriculture Department will be able to pay out food-stamp benefits for the entire month of February—tamping down fears that the partial government shutdown could have resulted in rationing or halting of benefits. . . . Just a few days ago, White House officials had said funds for the Supplemental Nutrition Assistance Program were likely to run out in February if Congress didn’t act, an outcome that would have led to a sharp cut in benefits for millions of low-income Americans who rely on the program to help them pay for groceries each month. Democrats had seized on the White House’s threat as both sides tried to increase their political leverage as the shutdown, now in its [19th day], entered its third week.

This is obviously good news for the people who depend on the SNAP program, assuming they avoid the food that the F.D.A. won’t be able to inspect thanks to the furlough.

Treasury set to ease sanctions on Putin pal’s companies

Aw, we could never stay mad at you (for reasons Robert Mueller’s forthcoming report may or may not reveal):

Treasury Secretary Steven Mnuchin will brief lawmakers in the House of Representatives on Thursday about his department’s plan to terminate sanctions on three companies linked to Oleg Deripaska, a Russian billionaire with ties to Russian President Vladimir Putin. . . . The meeting follows Treasury’s December 19 notification to Congress that it would end sanctions on Rusal, EN+, and EuroSibEnergy in 30 days. Mnuchin said at the time that the decision was made after the companies “committed to significantly diminish Deripaska’s ownership and sever his control.”

Deripaska, a metals tycoon and close friend and ally of Putin, remains sanctioned, meaning no American may conduct business dealings with him directly or indirectly. He has come under scrutiny in the United States for his ties to the Kremlin as well as to Paul Manafort.

In September, we learned that the Treasury had effectively fallen ass-backwards into sanctioning Deripaska and Rusal last April after Mnuchin got flustered and announced sanctions that the administration never intended to implement.

At least some people are benefitting from Trump’s lies

I.e. the people who put money on just how many falsehoods will spew from his mouth at any given moment:

A gambling site is paying out thousands of dollars to people who correctly bet that President Donald Trump would tell more than 3.5 lies in his Oval Office address on Tuesday. Bookmaker.eu asked people to wager on the president’s truthfulness, offering odds of -145 for more than 3.5 lies and +115 for less than 3.5 lies. That means if a person bet $145 dollars that Trump would lie at least four times, they would win $100.

And some people won big. Odds consultant John Lester told BuzzFeed News the site will lose $276,424, with 92 percent of its bettors correctly wagering that Trump would lie a lot.

Lester said that Bookmaker had, of course, expected that Trump would lie but underestimated just how many “alternative truths” would spring from his mouth given the time constraints of the speech.

Bob Mercer will have to find a new way to dodge gun laws

Last April, we learned that when he wasn’t facilitating Brexit or getting Donald Trump elected, former hedge-fund manager Bob Mercer was spending a week each year in Yuma County, Colorado, in order to qualify as a volunteer sheriff, a status that allowed him to carry a concealed weapon in any state or locality. But according to a new report from Bloomberg, the Long Island billionaire will have to figure out an alternative workaround should he wish to continue packing heat in a covert fashion:

The New York hedge-fund magnate and conservative donor had his status as a volunteer deputy sheriff revoked by Yuma County, Colorado, Sheriff Chad Day on Monday, his last day in office. Day lost his re-election bid last year after Bloomberg News reported on Mercer’s role and his purchase of a new pickup truck for the sheriff’s official use.

The arrangement provoked controversy in the prairie county that borders Kansas and Nebraska. Day submitted papers last week ending the appointments of Mercer, 72, and at least a dozen other volunteer posse members, effective January 7, according to documents signed by Day and filed with the county clerk.

This isn’t the first county to force Mercer to turn in his badge: last year, the mayor of Lake Arthur, New Mexico, announced that he was shutting down the volunteer reserve-officer program and requiring existing reserve officers to turn in their credentials. Hopefully this turn of events simply means that Mercer won’t be able to, for instance, walk into Grand Central Oyster Bar with a gun in his pocket, and not that he’ll put those extra six days in his calendar toward helping get another papaya-colored fascist of his choice elected.

Jeff Bezos has a new lady friend

The Amazon founder is reportedly dating Lauren Sanchez, after announcing on Twitter than he and his wife are divorcing after 25 years of marriage. (Bezos and Sanchez did not respond to requests for comment.) Unsurprisingly, various wealth-trackers have already crunched the numbers—in this case, divided by two—and informed us that MacKenzie Bezos stands to become the richest woman in the world, assuming she and Jeff split their $137.2 billion fortune evenly (which, to be fair, is a fairly big assumption!).

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Read the complete “Levin Report” at the link.  (Or, better yet, sign up to have it delivered directly to your mailbox — I don’t believe that you have to be a Vanity Fair subscriber.)

Placing the government in the hands of a racist incompetent like Trump and his sycophantic stooge Cabinet Members is a prescription for national disaster. But, that doesn’t seem to bother the “Party of Putin.” The GOP seems to have sold us out long ago.

PWS

01-10-19

SISTER NORMA PIMENTEL: A MESSAGE TO TRUMP FROM THE REAL BORDER

https://www.washingtonpost.com/opinions/2019/01/10/welcome-border-mr-president/

Sister Norma Pimentel in WashPost:

Norma Pimentel, a sister of the Missionaries of Jesus, is director of Catholic Charities for the Rio Grande Valley.

Dear Mr. President,

We welcome you to our community here in South Texas along the Rio Grande, which connects the United States to Mexico. I wish you could visit us. Our downtown Humanitarian Respite Center has been welcoming newcomers for the past four years.

When families cross the border, they are typically apprehended by authorities, held for a few days and released with a court date to consider their request for asylum. After they are released, we receive them at our respite center. By the time they find their way to our doors, most adults are wearing Border Patrol-supplied ankle bracelets and carrying bulky chargers to keep those devices powered up.

Helping these families has been our work since 2014, when tens of thousands of people, primarily from Guatemala, Honduras and El Salvador, crossed into the United States through the Rio Grande Valley Sector, creating a humanitarian emergency in our community. Before the respite center opened, dozens of immigrant families, hungry, scared and in a foreign land, huddled at the bus station with only the clothes on their back, nothing to eat or drink, and nowhere to shower or sleep. They waited hours and sometimes overnight for their buses.

Every day of the year, from morning to evening, families coming over the border are welcomed at our center with smiles, a warm bowl of soup, a shower and a place to rest. Most families are exhausted and afraid, carrying little more than a few belongings in a plastic bag. They come in all forms and at all ages. Few speak any English. Most are in great need of help. Some days, we see 20 people. Other days, it’s closer to 300. In recent weeks, it has been very busy. Some stay a few hours, but many spend the night before heading on to new destinations. Since we opened, more than 100,000 have come through our doors.

We work closely with the U.S. Customs and Border Protection Rio Grande Valley Sector, and our team has cultivated a culture of mutual respect and dialogue. Our center staff, in communication with the Border Patrol, prepares to receive groups of immigrants who have been released. We try to meet the need. It is vital that we keep our country safe, and I appreciate the work of the men and women in the U.S. Customs and Border Protection who are vigilant as to who enters our country. I pray for them daily.

Later in the day, you will meet some of the children who are playing in our small play yard and the mothers and fathers who are watching over them. Some will be resting, as for many of them this is the first place since they left their home countries where they feel safe.

In the evening, another group of volunteers arrives to cook and serve a simple dinner of pizza or tacos, beans and rice, Sometimes local restaurants donate the dinner. Either way, the families who will remain for the night have a meal and prepare to sleep. In the morning, we send them on their way, a little better off but armed with a sign (that we give them) that reads: “ PLEASE HELP ME. I DO NOT SPEAK ENGLISH. WHAT BUS DO I TAKE? THANK YOU FOR YOUR HELP!”

As the Most Rev. Daniel E. Flores, bishop of our diocese, says, “We must put human dignity first.”

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This is a more accurate picture of Central American asylum seekers which reflects the inspirational qualities of courage, ingenuity,  perseverance, gratitude, and industry that I found in the most of the asylum-seeking individuals and families I came in contact with over my years at the Arlington Immigration Court.

Also, Sister Norma paints a more sympathetic picture of the U.S. Border Patrol which reflects some of my experiences when I worked with them at the “Legacy INS.”

Imagine what even a few billion (or even a few million) dollars invested in humanitarian assistance like that provided by Sister Pimentel and her organization could do as opposed to wasteful spending on more largely useless walls and wasteful and inhumane detention centers.

Walls, jails, prosecutions, threats, and disingenuous de-humanizing rhetoric are not effective or acceptable ways of dealing with a humanitarian crisis.

PWS

01-10-19

THE HILL: Nolan’s Latest Highlights Overstays

https://thehill.com/opinion/immigration/424282-wall-cant-be-only-answer-uncontrolled-illegal-immigration-not-just-southern-border

 

Family Pictures

Nolan writes, in part:

. . . .

Overstays

We also know that in fiscal 2017, there were more than twice as many instances of aliens overstaying their nonimmigrant visitor admission period than known instances of aliens crossing the Mexican border illegally.

No one knows how long the overstays will remain.

According to the Dept. of Homeland Security (DHS) Fiscal Year 2017 Entry/Exit Overstay Report, 52,656,022 nonimmigrant departures were expected in fiscal 2017, and there were 701,900 overstays. These figures are limited to aliens who were admitted to the United States at air and sea ports of entry. DHS does not have much data on entries or exits at land ports of entry.

Moreover, the overstay estimates are based on “events,” the number of expected departures, not the number of aliens who were expected to depart that year. According to a Center for Immigration Studies (CIS) analysis of the report, this makes the overstay rates deceptively low.

Using the DHS methodology, if 10 nonimmigrant visitors each comes to the U.S. three times during the fiscal year being considered, that would result in each having three expected departure dates, for a total 30 departure dates. If they all leave when they are supposed to leave but an additional visitor who makes only one visit overstays, the overstay rate would be 1/31 entries, or about 3 percent.

But if the overstay rate were based instead on the number of people who were expected to make a departure, the rate in the example above would be 1/11, which would be 9 percent.

The following table provides the DHS report’s overstay rates:

Overstays can be removed quickly when they have been apprehended.

Many of them come under the provisions of the Visa Waiver Program(VWP), which allows eligible nationals from 38 VWP countries to enter the United States for 90 days as nonimmigrant visitors for business or pleasure without a visa.

If a VWP alien does not leave at the end of his admission period, he can be sent home on the order of a district director without a hearing before an immigration judge, unless he applies for asylum or withholding of removal.

There is a one-year time limit on applying for asylum, and withholding just prohibits sending the alien to the country where he would face persecution — It does not permit him to remain in the United States.

Removal of overstays who enter with a visa requires a hearing before an immigration judge, but the government’s burden of proof can be met by establishing that the person was admitted to the United States as a nonimmigrant visitor and that the period authorized for the visit has expired.  This often can be handled very quickly at a Master Calendar Hearing if the alien does not want to apply for asylum or withholding.

If Trump wants effective border security, he cannot just erect a wall along the Mexican border.  He also has to reduce the number of overstays.

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Go on over to The Hill at the link for Nolan’s complete article.

There are lots of “moving pieces” to the immigration puzzle.

PWS

01-09-19

DON KERWIN AT CMS WITH TRUTH ON BORDER SECURITY: “The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. “

View this email in your browser

Statement of Donald Kerwin, 
Executive Director of the Center for Migration Studies,
on the
 US Border and Border Wall

Last evening, President Trump addressed the nation from the Oval Office, asserting that there exists a crisis on our southern border which necessitates the construction of a border wall.

Despite the president’s claims that a crisis exists on the border, the facts demonstrate otherwise. The Center for Migration Studies of New York (CMS) has released several reports which show that border crossings have dropped significantly over the past several years.

A 2016 CMS report showed that net migration from Mexico between 2010 and 2016 dropped 11 percent. The undocumented population from Mexico dropped by an additional 400,000 from 2016 to 2017. Migration from other parts of Latin America, save the Northern Triangle, also dropped significantly. The report’s overall conclusion was that the number of undocumented in the nation had dropped to 10.8 million, a new low. The report can be found at http://cmsny.org/publications/warren-undocumented-2016/.

CMS also issued a report which found that the number of persons who have overstayed their visas between 2008 and 2014 had exceeded the number of border crossers. In 2014, overstays represented two-thirds of those who joined the undocumented population. The report can be found at http://cmsny.org/publications/jmhs-visa-overstays-border-wall/.

A recent study by several immigrant rights organizations, entitled Death, Damage, and Failure: Past, Present, and Future Impacts of Walls on the US-Mexico Border, details the damage caused to border communities by already existing walls and fencing along the border, and how the extension of a wall would cause economic, environmental, and human harm moving forward.

The human tragedy at our border, where thousands of children and families are fleeing persecution and violence from the Northern Triangle countries of Guatemala, Honduras, and El Salvador, is where this administration and Congress should focus its attention.

A series of measures designed to deter these vulnerable populations from fleeing their countries, including family separation, mandatory detention, zero tolerance, and denial of entry at the border are undermining their legal and human rights, guaranteed under both domestic and international law. They are handing themselves over to Border Patrol agents in search of protection, not trying to enter the country illegally. The Administration and Congress should act to end these inhumane policies and provide protection to vulnerable women and children.

The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. Instead of appropriating nearly $5.7 billion for an ineffective and damaging wall, Congress and President Trump should use some portion of this funding to address the push factors causing flight from the region. Addressing root causes of flight is the most humane and effective solution to outward migration.

Instead of shutting down the government over a wall, President Trump and Congress also should enact a legislative package which provides permanent status to Deferred Action for Childhood Arrival (DACA) and Temporary Protected Status (TPS) recipients, immigrant populations who have built equities in our nation. CMS has issued studies on the contributions of each of these populations, which can be found at http://cmsny.org/publications/jmhs-potential-beneficiaries-of-daca-dapa/ and http://cmsny.org/publications/jmhs-tps-elsalvador-honduras-haiti/.

Our nation deserves an immigration system which protects human rights and human dignity while upholding the rule of law. This requires immigration reform which honors our values and traditions as a nation of immigrants. Building walls only divides us as a country and does not address the sources of global migration.

The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org. For more information, contact Rachel Reyes, CMS’s Director of Communications, at rreyes@cmsny.org.
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Yeah, I know I said “enough” on Trump’s Tuesday night “Lie-O-Rama” about the Bogus “Southern Border Crisis” he created to pander for his unneeded, wasteful, and distracting border wall. But, it’s always worth hearing what a “real immigration pro” like Don, who speaks from scholarship and facts, not White Nationalist fabrications and myths, has to say.
PWS
01-09-19

TAL @ SF CHRON: Dreamer Deal To End Shutdown Seems Unlikely — PLUS BONUS COVERAGE: My Essay “Let’s Govern!”

https://www.sfchronicle.com/politics/article/Why-a-DACA-deal-to-end-the-shutdown-is-unlikely-13517915.php?t=e29fabd761

Tal reports:

WASHINGTON — A perennial trial balloon is once more floating on the horizon: Could protecting young undocumented immigrants from deportation in exchange for border security money get Washington out of a lengthy government shutdown?

The idea is already rapidly falling back to Earth.

President Trump and House Speaker Nancy Pelosi, D-San Francisco, have both brushed aside suggestions that passing protections like the Deferred Action for Childhood Arrivals program could be a way out of the shutdown, which is nearing the end of its third week with no hint of a resolution.

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DACA temporarily protects many undocumented immigrants who arrived in the U.S. under the age of 16 from being deported. Trump, whose attempt to end DACA is tied up in the courts, said Sunday that he would “rather have the Supreme Court rule and then work with the Democrats” on extending protections for program recipients.

“They’re two different subjects,” Pelosi said last month when asked about trading DACA for Trump’s southern border wall — $5.7 billion for which he is demanding before he will sign any government funding bills for the agencies that have been shut down.

Democrats are not universally against the idea. San Mateo Rep. Jackie Speier told MSNBC last week that she “personally would support it” and “there is a willingness to look” at a DACA-for-wall money deal in the caucus. DACA protections for nearly 700,000 immigrants nationwide, 200,000 of whom are in California, are in limbo, and hundreds of thousands more would be eligible for the program.

But numerous other Democrats — including several on the influential Hispanic, Asian Pacific and black caucuses that have leadership’s ear on immigration — said a DACA deal involving wall money is a nonstarter in shutdown negotiations without serious and uncharacteristic overtures from Trump.

Here’s why it’s unlikely:

Trump thinks time, and the Supreme Court, are on his side. The White House believes the court will ultimately invalidate the Obama-era DACA program or side with Trump’s attempt to end it, which has been blocked by lower courts. When that happens, the administration believes, Trump will have more leverage to cut a better deal with Democrats desperate to keep sympathetic young DACA recipients from being deported, and Congress will be forced to deal with a dilemma it has long avoided.

Democrats don’t trust Trump, who has walked away from a number of DACA proposals in the past year. “Donald Trump is not a deal-maker, he’s a deal-breaker,” said Rep. Ruben Gallego, D-Ariz. “We’ve seen this happen numerous times, and we’re not going to come approach him with a deal that he’s only going to take and then reject and then come back and move the goalposts on.”

Pelosi is in touch with her base, and her base isn’t eager to broach that deal. “People don’t want to trade a wall for something that isn’t even real,” said Rep. Pramila Jayapal, D-Wash., co-chair of the Congressional Progressive Caucus. “People don’t want a wall, period, and I think there’s no trust that there’s any credible negotiation around something positive on immigration, given (Trump’s) history.”

Trump wants much more on immigration than just physical border security, where there are some areas of potential compromise. A presentation that Homeland Security Secretary Kirstjen Nielsen prepared for congressional leaders last week included calls not just for the wall, but the rollback of a bipartisan bill designed to protect human trafficking victims and a court-ordered settlement intended to safeguard immigrant children. Both of those are nonstarters with Democrats, who say the protections are needed and getting rid of them does not promote border security.

Republicans question whether Democrats are as motivated as they say they are to resolve the DACA issue. They’re skeptical Democrats want to take the political leverage off the table. Rep. Mario Diaz-Balart of Florida, a moderate Republican who has long worked on immigration reform, called the potential to get a deal out of the shutdown fight the “opportunity of a lifetime.”

“It requires the Democratic leadership to actually do something that they have not done in the past,” Diaz-Balart said, “which is match their rhetoric on DACA with actual action.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

 

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HERE’S YOUR “BONUS COVERAGE” ESSAY FROM “COURTSIDE:”

LET’S GOVERN!

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

I still think the best deal for America would be some form of “Wall for Dreamers” compromise. To me, the huge downside of “The Wall” would be more than offset by getting 800,000 great American young people — literally the future of our country – out of the shadows and contributing their maximum skills, talents, and creativity to making America really great (not the hollow mockery of “greatness’ peddled by Trump and his base).

But, Tal’s usually got her head “closer to the ground” than I do these days from my retirement perch in Alexandria. So, I’ll assume for the purposes of this piece that Tal is correct and that the “great compromise” isn’t in the cards – at least at this time.

So, where does we go from here? This is crystal clear: Trump can neither govern in America’s best interest nor can he cut any reasonable deal. So, it seems like the only alternative for America is for the Democrats in Congress to get together with the GOP and develop a plan for governing in the absence of a competent Executive. That means passage of “veto-proof” legislation that also places some specific limits and directions on Executive actions.

What could a “veto proof” compromise to reopen Government look like.  Well, of course, to start it must fund the affected Government agencies through the end of the fiscal year.

But, it also could include a robust $5.9 Million “Border Security” package.  Here’s what could be included:

  • Additional Asylum Officers;
  • Additional port of entry inspectors;
  • Additional Immigration Judges and court staff;
  • Additional funding for Office of Refugee Resettlement for health and safety of children;
  • Required e-filing and other management improvements at EOIR (including elimination of counterproductive “quotas” on judges, and providing at least one judicial law clerk for each judge);
  • Additional Assistant Chief Counsel for ICE;
  • Funding for counsel for asylum applicants and resettlement agencies;
  • Additional Anti-Smuggling, Intelligence, and Undercover Agents for DHS;
  • Smart Technology for and between ports of entry at the border and the interior;
  • Required improvements in management planning, hiring, and supervision within DHS;
  • Limitations on wasteful immigration detention (including a prohibition on long-term detention of children except in limited circumstances) and reprogramming of detention funds to alternatives to detention;
  • Funding for additional border fencing or fencing repairs in specific areas with an express prohibition on additional physical barriers without a specific appropriation from Congress.
  • Assistance to Mexico, the UNHCR, and other countries in the hemisphere to improve refugee processing and address problems in the Northern Triangle;

Sure, Trump could, and maybe would, veto it – although he’d be wise not to. And, I suppose, that veto, which would be overridden, could be the “red meat” for his base that he apparently favors over the “art of governing.”

But, in the meantime, Congress would fulfill its important role of governing in a bipartisan manner that will keep America moving forward even in the times of a weak and incompetent Executive. And, unlike the bogus “Wall,” the foregoing measures would actually contribute to our country’s security and welfare without wasting taxpayers’ money or trampling on individual rights and legal obligations. In other words, “smart governance.” That seems like a fair and worthy objective for both parties in Congress.

PWS

01-09-19

 

 

 

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

HON. JEFFREY S. CHASE — USCIS RACISTS TARGET BLACK HAITIANS: As Evidence Unfolds In Federal Court, The Blatant Racism & Dishonesty Of USCIS Politicos In Bogus Termination Of TPS Becomes A Matter Of Public Record!

https://www.jeffreyschase.com/blog/2019/1/7/haiti-tps-and-racial-bias

Haiti, TPS, and Racial Bias

This morning, the trial begin in Saget v. Trump, before District Judge William Kuntz in the Eastern District of New York.  As your Brooklyn observer, I attended the opening hours of what is likely to be a two or three day trial.

The basis for the case is the Trump administration’s termination of Temporary Protected Status (“TPS”) for Haitians who have been present in the U.S. since January 12, 2011, and remain unable to return due to conditions in that country following a massive earthquake in 2010, a 2016 hurricane, and a major cholera epidemic.  59,000 Haitians in the U.S. are presently in TPS status, a number too large for the Haitian government to presently absorb if returned en masse.

TPS is not asylum, and offers no permanent status in this country.  It was created by Congress in 1990 to afford blanket protection to nationals of countries to which return is currently untenable for a variety of reasons, including armed conflict, natural disaster, rampant disease, or the inability of the country to absorb the mass repatriation of its nationals.  Such designation is granted in intervals of 6 to 18 months, and is reviewed by the Department of Homeland Security (“DHS”) at least 60 days before the end of each designated period. The law only allows TPS status to be terminated where such review finds that the conditions for designation no longer exist in the country; otherwise, the period of TPS is to be extended.  In the case of Haiti, after being designated for TPS in early 2010, such designation was extended in 18-month increments continually until the coming of the Trump Administration in 2017.

DHS, within its subcomponent, USCIS, has a Country Conditions Unit.  I know that unit’s director, LeRoy Potts, and met with him and some of his senior staff when I oversaw EOIR’s country conditions database during my time at the BIA.  They are knowledgeable, fair-minded, and in my experience, issued accurate reports free of political influence. The Country Conditions Unit is generally consulted in TPS decisions.  As it had in the past, the Unit again drafted a report finding serious problems in Haiti that would call for an extension of TPS.

However, as the Plaintiffs’ counsel noted in his opening statement, Robert T. Law, previously director of the vehemently anti-immigration lobby group ironically known by the acronym FAIR, who under the Trump administration was made a senior policy advisor to USCIS (which is mind-boggling on its own), decided that the Country Condition Unit’s memo was “overwhelmingly weighted for extension which I do not think is the conclusion we are looking for.”  According to petitioner’s counsel, Law edited the document (with the blessing of the USCIS chief policy strategist, Kathy Nuebel Kovarik) in 35 minutes, without further research. https://nationaltpsalliance.org/wp-content/uploads/2018/08/DPP-3349-EX-3.pdf   According to the opening statement, the only research requested by the administration was for evidence that Haitians in the U.S. had criminal records or received public assistance, a clear attempt to discredit a nationality using racial stereotypes.  Plaintiff’s counsel stated that the USCIS Country Conditions Unit characterized DHS’s final version of the report used to justify its termination of TPS for Haiti as “complete fiction.”

The Plaintiffs called as their first witness Ellie Happel, an expert on country conditions in Haiti and resident of that country from 2011 to 2017, who took apart the DHS memo sentence by sentence.  For example, Happel explained the meaninglessness of DHS’s claim that 98 percent of internal displacement camps (“IDPs”) in Haiti have been closed. Happel stated that the majority who left the camps did so due to actual or threatened forced eviction, and many did not return to durable housing.  When one settlement, Canaan, was decertified as an IDP camp, it statistically eliminated 50,000 people from the list of those internally displaced. However, those 50,000 people continue to live on the site of the former camp, a windswept, previously uninhabited land far from government services.

Happel cited a report (also referenced in the USCIS report) that a minimum of 500,000 homes would have to be constructed to meet the housing needs of the Haitian population.  Happel also testified in convincing detail to continued food insecurity, political instability, an economy marred by a 2 billion dollar debt to Venezuela caused by misappropriation or embezzlement of funds by government officials, and a continued susceptibility to cholera following one of the worst epidemics of the disease in recent history.

Why would DHS’s leadership go to such lengths to fabricate a fictitious report to justify returning 59,000 Haitians to such conditions before it was advisable to do so?  The plaintiffs pointed to the answer in the statements of President Trump himself, made a few months earlier to members of Congress, in which he referenced predominantly black nations as “shithole countries” (the presiding judge insisted on the use of the unedited quote), questioned “why do we need more Haitians? (whom he previously claimed “all have AIDS”); and stated his preference for immigrants from places such as Norway.  The government’s attorney somehow managed to keep a straight face when claiming in response that DHS’s acting Secretary had reached the decision to terminate independent of Trump’s opinions.

Sadly, Haitians have suffered a long history of unfair treatment under our country’s immigration laws.  In his excellent 1998 law review article “Race, the Immigration Laws, and Domestic Race Relations: A ‘Magic Mirror’ Into the Heart of Darkness,” Prof. Kevin R. Johnson wrote “No U.S. policy approached…the government’s extraordinary treatment of Black persons fleeing the political violence in Haiti.”  When the U.S. Supreme Court in its 1993 decision in Sale v. Haitian Centers Council, Inc., upheld the policy initiated by President George H.W. Bush, and surprisingly continued under President Clinton, of repatriating intercepted Haitians without first screening the returnees to see if they qualified for refugee status, Justice Brennan argued in dissent that the Haitian refugees “demand only that the United States, land of refugees and guardian of freedom, cease forcibly driving them back to detention, abuse, and death. We should not close our ears to it.”

Sadly, 25 years later, our nation’s most openly racist president continues to advocate for policies of extraordinary cruelty towards Haitians.  And seemingly without embarrassment, many of his underlings are happy to go to extreme lengths to carry out such policies, the admirable exception being the USCIS Country Conditions Unit.

It was heartwarming to see the large team of lawyers, paralegals, and expert witnesses united  in Judge Kuntz’s courtroom to continue to fight against such cruelty. Among those in attendance were Ira Kurzban, one of the plaintiff’s lawyers, and Michael Posner, founder and former director of Human Rights First, both of whom were early defenders of Haitian rights in the 1980s.  To see them working alongside a younger generation of attorneys and experts, such as Happel, the director of NYU Law School’s Haiti Project, and Florida attorney Kevin Gregg reminded this aging attorney that the struggle for immigrants’ rights will be passed on to most capable hearts and hands.

Copyright 2019 Jeffrey S. Chase.  All rights reserved.

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Tal Kopan has unearthed some of this in an earlier post based on documents obtained under the FOIA. https://wp.me/p8eeJm-2rC

Gotta wonder about the ethics of DOJ lawyers defending the indefensible in Federal Court.

PWS

01-09-19

 

JULIA EDWARDS AINSLEY @ NBC: Trump’s “Border Terrorist” Numbers Are Bogus! — Expect A Barrage Of Lies & White Nationalist Myths In His Scheduled TV Address!

https://www.nbcnews.com/politics/immigration/only-six-immigrants-terrorism-database-stopped-cbp-southern-border-first-n955861

Julia Ainsley

Julia reports:

By Julia Ainsley

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

Secretary of Homeland Security Kirstjen Nielsen told reporters on Monday the exact number, which NBC News is first to report, was classified but that she was working on making it public. The data was the latest set on this topic provided to Congress. It is possible that the data was updated since that time, but not provided to Congress.

Overall, 41 people on the Terrorist Screening Database were encountered at the southern border from Oct. 1, 2017, to March 31, 2018, but 35 of them were U.S. citizens or lawful permanent residents. Six were classified as non-U.S. persons.

On the northern border, CBP stopped 91 people listed in the database, including 41 who were not American citizens or residents.

Border patrol agents, separate from CBP officers, stopped five immigrants from the database between legal ports of entry over the same time period, but it was unclear from the data which ones were stopped at the northern border versus the southern border.

The White House has used the 4,000 figure to make its case for building a wall on the southwest border and for closing the government until Congress funds it. They have also threatened to call a national emergency in order to get over $5 billion in funding for the wall.

The U.S. keeps databases of people it believes may have ties to terrorist networks based on their spending activities, travel patterns, family ties or other activities. It is not a list of people who could be criminally charged under terrorism statutes, and it is possible that someone could be stopped because they have the same name as a person on the list.

Thanks, Julia, for your timely reporting. As most readers probably know, the Washington Post and others recently have exposed what many of us knew all along: The DOJ intentionally used false and misleading numbers to support the racist, xenophobic narratives set forth by Sessions, Nielsen, Homan, and others! And, shamelessly, the DOJ refuses to withdraw its bogus reports!

Once we get real government back again, seems that the DOJ is a prime candidate for a thorough housecleaning! Integrity seems to have disappeared from the DOJ’s mission at all levels!

PWS

01-08-19

AZAM AHMED @ NY TIMES: PERVERSION OF JUSTICE: How Trump Aids Smugglers While Punishing Legitimate Asylum Seekers!

https://www.nytimes.com/2019/01/06/world/americas/mexico-migrants-smugglers.html

Ahmed reports:

REYNOSA, Mexico — As the human smugglers stalk the bus stations, migrant shelters and twisting streets of this Mexican border town, they have no trouble collecting clients like Julian Escobar Moreno.

The Honduran migrant arrived in Reynosa, Mexico, intending to apply for asylum in the United States. But new policies north of the border have instead driven him into the hands of the city’s smuggling cartels, whose business is booming.

“I honestly don’t want to cross illegally, but I don’t really have a choice,” said Mr. Moreno, 37.

The Trump administration, which has partially shut down the federal government in a fight over funding for an enhanced border wall, has adopted a number of strategies over the last two years to deter migrants and persuade them to turn around — or not to come at all.

Its latest effort is a policy that admits only a few asylum seekers a day, if that, at border crossings. As a result of this metering, migrants are now waiting on the Mexican side of the border for weeks and months before they can submit their applications.

In Reynosa and elsewhere, the delays caused by the policy are prompting many migrants to weigh the costs and dangers of a faster option: hiring a smuggler, at an increasingly costly rate, to sneak them into the United States.

In November, the number of migrant families apprehended attempting to cross the border skyrocketed to its highest levels on record, with some of those caught having turned to smugglers at some point in their trip.

“What we have seen is that no one is getting across the border,” said Hector Silva, the director of a center providing services to migrants that sits near the banks of the Rio Grande, which separates Reynosa from McAllen, Tex. “This forces families, with all the desperation they feel, to go illegally.”

The decision to endure a long wait or illegally expedite the journey to the United States is playing out not only in Reynosa, where the crack of gunfire has become a soundtrack of the city, but across the long sweep of the United States-Mexico border, all the way to Tijuana, where a crisis is unfolding as thousands of Central Americans wait their turn to cross the border.

A visit to a Reynosa migrant shelter quickly makes it clear how many are considering the smuggling option.

“I’m scared to go to the border crossing, because they will deport me,” said Maximo Rene Arana Nunez, a Guatemalan who arrived in Reynosa a few days ago and is looking to cross. “I’m stuck here until my family in the United States can save enough money to pay for a smuggler.”

According to those recently deported, migrants who are attempting to cross and local officials, the price that smugglers can command is rising along with the demand for their services.

For those able to afford it, and willing to accept the risk, finding smugglers in Reynosa is easy. The streets seethe with smuggling cartel agents, who openly pitch their services.

The dangers of an illegal crossing are not enough to dissuade migrants. They are fearful, but many feel they have no other recourse. For many, the calculation is predicated on a simple truth: What lies behind them is worse than what may lie ahead.

“I don’t have an option, I can’t be there,” Mr. Moreno said of his native Honduras. “Our government is totally corrupt, and if the Mexicans or Americans deport me, I’m dead.”

Mr. Moreno now works 12-hour shifts on the outskirts of the city, trying to save enough to pay for a smuggler.

For other migrants in the shelter, the equation was not necessarily of life or death, but of exchanging well-known hardship for vaguer hope.

“Look, we know what the situation is in our country,” said Osman Noe Guillén, 28, who reached Reynosa with his partner shortly after their marriage, having treated the ride on the buses up from Honduras as something of a honeymoon. “We don’t know what will happen when we cross.”

Mr. Guillén gripped the hand of his wife, Lilian Marlene Menéndez, and allowed himself a smile. Blind faith and economic need were enough for them. They did not know how grim and dangerous Reynosa was before they arrived, only that it was the closest crossing from Honduras and therefore the cheapest to reach.

Yes, they had heard the angry rhetoric about migrants coming out of the United States, they said, and knew about the deportations and long waits at the border. But they didn’t care.

“Desperation makes you do crazy things,” Mr. Guillén said. “I don’t think anything would stop me. And certainly not a wall.”

The couple, having priced out the next leg of the journey with local smugglers, said they had accepted the risks of continuing. The smugglers, or polleros, are known to kill or strand migrants who falter in their payments, and to extort those who have families that can mortgage homes or drum up more money.

In recent days, the couple was quoted a price of $7,000 apiece just to make it to the banks on the Texas side of the river.

That appears to be on the higher end; many Central Americans recently have been quoted $5,500 to be ferried to reach the other side of the river. Not long ago, $4,000 was the going rate.

Some of the migrants interviewed who were planning to try the smuggling route said they still intended to apply for asylum if and when they made it to the United States.

While the United States’ revised policy toward asylum seekers is primarily aimed at dissuading Central American migrants from making the trip to the border, it is also affecting Mexican policy and the lives of Mexicans in border cities.

The mayor of Reynosa, Maki Esther Ortiz Dominguez, noted that her city, in the state of Tamaulipas, was already one of the most dangerous in Mexico. She said she is worried the situation in Reynosa could grow even worse, as migrants are either preyed upon by criminals or recruited to join their ranks.

“This policy could at any moment detonate a new crime wave here,” Ms. Ortiz Dominguez said.

In the center of the bridge that connects Reynosa with McAllen, the United States Border Patrol this summer constructed a new booth for prescreening people hoping to make it into American territory. At least two officers are on duty in the tiny structure, asking everyone who passes for their documentation.

More recently, Mexican officials have begun acting as a first line of border defense. As people queue up to cross the bridge, Mexican agents are now pulling Central Americans out of the line, demanding their paperwork and detaining them if they have not filled out the proper documentation.

Some have languished for months waiting for family members to send money to pay the fee for the paperwork.

The new approach by Mexican agents at the border was begun under pressure from the United States, said one Mexican official in Reynosa, requesting anonymity because this person was not authorized to discuss the decision publicly.

It was this new approach by the authorities in Mexico that ensnared Mr. Moreno.

Having been run out of Honduras by the notorious 18th Street gang for refusing to work for them, he believed he had a good case for political asylum in the United States and went to the bridge in Reynosa so he could start the application process.

But moments after arriving with his pregnant wife and three children at the foot of the international bridge, he and his family were stopped by Mexican officials and detained.

A few months ago, Mr. Moreno’s lack of proper paperwork would have been ignored by the Mexican authorities, according to local officials and immigration lawyers. But Mr. Moreno was held in a cell for 20 days and his family was placed in a temporary shelter.

The lure of the smugglers in Reynosa is not limited to Central Americans. Mexicans, too, employ their services, although the cost is lower — the prices charged seem to depend on just how bad the situation is in a migrant’s home country.

On a recent day in a migration office in Reynosa, a group of Mexicans sat waiting to be processed after their deportations from the United States.

“For the migration authorities, it is a job,” said Melvin Gómez, 18, who is from the Mexican state of Chiapas. “For Mexicans and Central Americans, immigration is a dream.”

Mr. Gómez had just tried crossing for the fourth time the day before.

“We have something to live for,” he said, “and that keeps us going.”

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Trump, Sessions, & Nielsen have helped empower criminal gangs in the U.S. and the Northern Triangle with their clueless and racist-driven enforcement policies. Now they are handing out similar benefits to smugglers and human traffickers. And, in both instances, the Trumpsters have discouraged those actually trying to help law enforcement and/or comply with the law.

Yes, our immigration system needs changes. But, the only “immigration emergency” right now is that intentionally manufactured by Trump and his gang of White Nationalist incompetents. Don’t let them get away with their fraud, waste, and abuse!

PWS

01-08-19

MARY PAPENFUSS & PROFESSOR LAWRENCE LESSIG @ HUFFPOST: TRUMP & THE GOP ARE THE REAL EXISTENTIAL THREATS TO NATIONAL SECURITY! — ““The fools are they who enable this constitutional immorality,” Lessig wrote. “Those fools are the Senate Republicans, who have placed party over country, and President Trump over the Republican Party.”

https://www.huffingtonpost.com/entry/lawrence-lessig-donald-trump-national-emergency_us_5c32b2eae4b0d75a98320eae

Papenfuss reports:

Constitutional law expert and Harvard professor Lawrence Lessig dismissed President Donald Trump’s characterization of the immigrant situation at the Mexican border as a crisis on Sunday, then said the real national emergency was “this president.”

Asked about Trump’s threat to declare a national emergency on the southern border so that he can order his wall built without congressional approval, Lessig told MSNBC: “The man is using words that have no connection to reality.”

“He says we have a national crisis … a national emergency. I agree we have a national emergency, but the emergency is this president,” Lessig added. “The emergency is the fact we don’t have an executive who’s exercising his power in a responsible way.”

Lessig said the president can’t build his wall without the backing of Congress.

“Ultimately he has no constitutional authority to exercise the power to build this wall without Congress’ approval,” Lessig said. “These statutes were certainly not written with the intent to give a man like Donald Trump the power that he’s now claiming.”

In an opinion piece Lessig published in The Guardian on Friday, he said the Constitution would not uphold the actions of a president who shut down the government to insist on a program that was not supported by the public. Lessing referred to the situation as a “veto-ocracy,” ruled by “petulance” rather than “principle.”

If the Republicans support Trump in this, they are saying that any president can “support whatever policy he likes,” including, say, to nationalize health insurance.

“The fools are they who enable this constitutional immorality,” Lessig wrote. “Those fools are the Senate Republicans, who have placed party over country, and President Trump over the Republican Party.”

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Part of the blame for this unprecedented national disaster belongs to the Supremes’ majority for their shockingly spineless performance in the “Travel Ban Case.” By failing to stand up for the Constitution in the face of Trump’s clear record of religious and racial bias and the rest of his White Nationalist hokum, their message was clear.

Whenever Trump doesn’t want to follow the law or is thwarted by Constitutional separation of powers, all he needs to do is declare another totally bogus “national emergency.” Will the GOP appointees keep looking away while the Constitution and our republic crumble before this unscrupulous madman? Or, will Chief Justice Roberts and some of the “Gang of Five” make good on Roberts’s recent claim that “there are no GOP or Democratic Federal Judges?”

Last time it was Muslims and refugees; this time, it’s asylum seekers, kids, and families in Trump’s crosshairs; next time, maybe he’ll come for the Supremes themselves. If so, they shouldn’t look to the immoral and cowardly GOP Senate for any help!

PWS

01-08-19