HEAR JUDGE A. ASHLEY TABADDOR, PRESIDENT OF THE NAIJ TESTIFY LIVE BEFORE THE SENATE JUDICIARY COMMITTEE ON WEDNESDAY APRIL 18, 2018 ABOUT THE APPALLING STATE OF “JUSTICE” IN OUR UNITED STATES IMMIGRATION COURTS UNDER TRUMP & SESSIONS!

 

From: John Manley [mailto:jmanleylaw@gmail.com]
Sent: Monday, April 16, 2018 12:34 PM
To: AILA Southern California Chapter Distribution List <southca@lists.aila.org>
Subject: [southca] IJ Tabaddor to testify in Congress Wednesday

 

Colleagues,

As currently scheduled, Judge A. Ashley Tabaddor is expected to testify this Wednesday at 2:30PM EST 11:30AM PST.  at a hearing on Strengthening and Reforming America’s Immigration Court System

 

Here is the link to the event, if you want to watch it: https://www.judiciary.senate.gov/meetings/strengthening-and-reforming-americas-immigration-court-system

 

John M. Manley
Attorney at Law
11400 W Olympic Blvd., Suite 200
Los Angeles, CA 90064
Phone:  (310) 597-4590
Fax:      (310) 597-4591
www.johnmanley.net;
email:  jmanleylaw@gmail.com

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PWS

04-16-18

TAL @ CNN: DHS IG TO INVESTIGATE SEPARATION OF FAMILIES

http://www.cnn.com/2018/04/16/politics/dhs-separating-families-ig-investigation/index.html

Watchdog to investigate DHS family separations in immigration custody

By Tal Kopan, CNN

The Department of Homeland Security watchdog will investigate whether the Trump administration is separating families in immigration custody, according to a letter the department’s inspector general sent to the office of Sen. Dick Durbin, D-Illinois.

The inspector general will look into whether the agency is separating the children of asylum seekers from their parents, the letter says.

The review comes after Durbin led a coalition of Democrats in requesting the IG look into the matter after reports that DHS was separating children from their parents in immigration custody. While there have been specific reported incidents, it has been unclear if it is a widespread practice.

Homeland Security Secretary Kirstjen Nielsen testified last week before Congress that the department only separates adults from children in custody “in the interest of the child” — for instance, if there’s a suspicion of possible human trafficking or if they are unable to confirm the child is actually traveling with his or her parents or legal guardians.

She did, however, admit that in the case of a Congolese woman who was separated from her young daughter for months, which has spurred a lawsuit from the American Civil Liberties Union, that the process of verifying they were in fact family “took too long.”

After the lawsuit was filed, that mother and her daughter were reunited and a DNA test did confirm their relationship.

The letter from acting Homeland Security Inspector General John V. Kelly, which was provided to CNN, said his office has determined it will “conduct a review of this matter” and requested a follow-up meeting to discuss it further.

The issue of family units has been a source of difficulty for the department for years. A court ruling has held that children cannot be detained in what are essentially immigration jails for longer than three weeks, and the Obama administration thus issued guidance that family units would be released from custody together.

The Trump administration has decried this court ruling as a “loophole” that allows immigrants who have cleared the initial screening to pursue asylum protections in the US to live in the country for potentially years as their case works its way through the court system.

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Not for the first time, Nielsen appears to be living in a parallel universe from everyone else. That’s why it’s a good idea to have the IG get to the bottom of what’s really happening.

PWS

04-17-18

NOLAN & I PRESENT CONTRASTING VIEWS ON THE SOUTHERN BORDER!

http://thehill.com/opinion/immigration/383305-border-security-weaknesses-more-serious-than-so-called-caravan

Family Pictures

Nolan writes in The Hill:

Despite political spin to the contrary, the border is not secure, and the hearing highlighted problems which are preventing DHS from securing it.

The National Immigration Forum submitted a statement claiming that U.S. border policies have been effective, but that claim was contradicted by testimony from the director of the Texas Department of Public Safety (DPS), Colonel Steven McCraw.

According to McCraw, the federal government did not respond to numerous requests from Texas Governor Greg Abbott to provide the Border Patrol with the resources it needs to secure the border, so Texas has had to provide the necessary assistance at its own expense.

Texas deployed State Troopers, Special Agents, and Texas Rangers to the border to conduct around-the-clock ground, marine, and air operations. Then, three years later, it deployed 500 State Troopers, tactical marine boats, aircraft and detection technology assets, and the Texas National Guard to the border.

But illegal crossings and smuggling continued and crime in the border region continued to rise.

. . . . .

Credible fear determinations have increased from 5,000 in 2009 to 94,000 in 2016, and due apparently to misapplication of asylum law, a credible fear was found in 88 percent of the cases.

Also, the William Wilberforce Trafficking Victims Reauthorization Protection Act (TVPRA) has been used to require placement with the Office of Refugee Resettlement instead of removal proceedings for the 200,000 unaccompanied alien children (UACs) who have come to America from Central America since 2013. But most of them are not trafficking victims.

According to the White House, most UACs fail to appear at their hearings and many who do and are found deportable do not comply with their deportation orders. Only 3.5 percent of them are removed from the U.S.

It is apparent from this testimony that the border is not secure and that the measures being taken to secure it are not likely to be effective.

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

Nolan an I agree on one important point: Jeff Session’s announcement of “Immigration Judge quotas” will not help solve the Immigration Court backlog phenomenon.

However, I wouldn’t assume as Nolan apparently does, that the Texas DPS is a better source of information than the National immigration Forum. Nor, would I make the assumption that an 88% approval rate for credible fear screening represents a “misapplication of the law.” Based on my experience with credible fear reviews in Immigration Court, that number of positive determinations seems perfectly reasonable. Moreover, on the life or death question of asylum, the system should always error on the side of giving the individual a full hearing on a protection claim rather than denying the claim with no day in court.

Now, it’s my turn.

  • According to a 2016 study by the American Immigration Council (“AIC”) using EOIR’s own data, represented children appear for their hearings about 95% of the time. https://www.justice.gov/eoir/file/852516/download
    • As this AIC report points out, most of the reasons for non-appearance relate to defects in the DHS/EOIR notice system. Moreover, even when children understand the system, they are usually dependent on the actions of others like guardians to actually appear in Immigration Court. It’s highly unlikely that many children make an intentional decision not to appear.
    • I was not assigned to the so-called “Priority Juvenile Docket.” But, I did plenty of juvenile cases during my 13-year tenure at the Arlington Immigration Court. In my experience, the overwhelming majority of juveniles appeared as scheduled. When represented, the appearance rate was close to 100% as suggested by the AIC report.
    • Of the minority who didn’t appear, most eventually had their cases reopened based on defective notice or extraordinary circumstances beyond their control.
  • According to a 2016 ABA Study, approximately 73% of represented juveniles achieved some relief in Immigration Court, as opposed to 15% of unrepresented juveniles. https://www.americanbar.org/content/dam/aba/administrative/immigration/uacstatement.authcheckdam.pdf
    • Many of those denied asylum actually had legitimate fears of harm upon return, but did not fit the overly restrictive “refugee” definition developed by the BIA with the apparent purpose of limiting Northern Triangle protection.
    • Juveniles often were able to obtain relief through means other than asylum such as Special Immigrant Juvenile (“SIJ”) status, “U” nonimmigrant status for victims of crime, “T” nonimmigrant status for trafficking victims, and Convention Against Torture (“CAT”) withholding.
  • As these reports suggest, a better approach to Southern Border arrivals would involve:
    • Insuring that counsel represents all asylum applicants.
    • Improving the quality and accuracy of hearing notices served by DHS & EOIR.
    • Expanding the asylum definition to be more generous and to conform to UNHCR interpretations.
    • Allowing all asylum applicants to have an initial non-adversarial application before the Asylum Office to take pressure off of the Immigration Courts.
    • Initiating a realistic legalization program for long-term undocumented residents of the US that would take the majority of the “non-criminal” cases off the Immigration Court docket, thus allowing the Courts to re-establish a reasonable 12-18 month completion cycle for non-detained cases.
    • Re-establishing “in country” refugee processing programs in the Northern Triangle and making them more timely and expansive so as to reduce the pressure to apply for asylum at our Southern Border.
    • Creating other forms of temporary protection for those with legitimate fears of return who fall outside the legal definitions for protection.
    • Working closely with the UNHCR, Mexico, and other Western Hemisphere countries to 1) address the conditions in the Northern Triangle driving the refugee flow, and 2) sharing the distribution of Western Hemisphere refugees equitably.
  • We know for sure from over four decades of consistent failure what DOESN’T WORK:
    • “Militarization” of the border;
    • Increased detention, criminal prosecution, and other ineffective “deterrents;”
    • Reducing or truncating rights of asylum seekers;
    • Endless “reprioritization” of Immigration Court dockets.
  • Yet, these are the very types of failed programs that the Trump Administration is mindlessly pushing.
  • Why not try something smart and humane, rather than repeating past expensive, ineffective, and inhumane mistakes over and over?

 

PWS

04-16-18

 

 

 

 

WASHPOST: SEN DIANNE FEINSTEIN (D-CA) HITS A “HOME RUN” WITH OP-ED — NO, RIGHTS OF CHILD ASYLUM SEEKERS ARE NOT “LOOPHOLES” IN OUR IMMIGRATION LAWS! — What’s Happened To Our Common Sense & Humanity?

https://www.washingtonpost.com/opinions/protecting-defenseless-children-is-not-an-immigration-loophole/2018/04/13/11bf9012-3e64-11e8-a7d1-e4efec6389f0_story.html?utm_term=.8c9ed9210908

Sen. Feinstein writes:

Dianne Feinstein, a Democrat, represents California in the U.S. Senate.

I remember watching the nightly television news in the 1990s and seeing a 15-year-old Chinese girl trembling before a U.S. immigration judge. Despite having committed no crime, she was shackled and sobbing. She couldn’t speak English, and it was clear she had no understanding of what the judge was saying or what would happen to her.

Her parents had sent her to the United States in the cargo hold of a container ship because she had been born in violation of China’s rigid family-planning laws — and was therefore denied citizenship, access to health care and education.

By the time the girl appeared before the immigration judge, she had already been detained for eight months. Even more shocking: After she was granted political asylum, she was detained for four more months before she was released.

This situation would not be allowed to occur today because Congress has enacted laws to provide basic humanitarian protections to unaccompanied immigrant children.

The Trump administration recently reignited its attacks on these protections, with the president going so far as to call laws that protect helpless children “loopholes.

The administration says these laws prevent immigrant children from being removed from the country, when in fact the goal is to ensure that these children are detained for as little time as possible and only in an appropriate setting, they receive adequate food and water, and that they are given the opportunity to apply for asylum.

Under these laws, each child has a right to make their case before a trained asylum officer. If the hearing demonstrates the need for protection by admission to the United States, we’re obligated to provide it. And in cases where a child does not qualify for asylum or other forms of relief, they’re returned safely to their home country.

I know the intent of these laws because I authored two of them. They are not loopholes.

It’s important to understand why Congress acted to thus ensure basic human dignity for children.

The story of the Chinese girl I saw on television was not unique — mistreatment of child immigrants was widespread. Another young girl who fled China was detained in a facility that also held minors who had been convicted of murder and rape. Despite never having violated criminal law or been accused of a crime, she was routinely handcuffed and strip-searched.

A young boy who fled Colombia after being targeted for recruitment by Revolutionary Armed Forces of Colombia guerrillas was held in the same detention facility for six months.

Children as young as 4 were held in secure prisons, isolated and forced to wear prison uniforms and shackles. Some were even placed in solitary confinement, even though they weren’t accused of any crime.

These stories, which were detailed by Human Rights Watch, illustrate decades of government mistreatment of children, and they were the genesis of laws Congress passed to guarantee minimum requirements for treating children humanely.

A key first step toward reform came in 1997, after years of litigation over treatment of unaccompanied minors, with a settlement called the Flores agreement. Among its provisions were requirements that the government release detained children to an adult as soon as possible, hold children who can’t be released in appropriate facilities and ensure that all facilities meet humane standard

Three years later, I introduced the Unaccompanied Alien Child Protection Act and was able to get portions of the bill included in the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008.

The two laws, combined with the Flores agreement, are intended to ensure children don’t fall through the cracks of a system that processes thousands of them each year.

They require that children under 18 be placed in the least restrictive setting that is in their best interests. Rather than holding children in detention facilities that also hold adults or criminal juvenile offenders, preference is given to releasing them to family members or appropriate sponsors, such as a family friend.

Such placements ensure that children aren’t held in indefinite detention pending resolution of their cases, which can sometimes take years. They also mean that taxpayers aren’t paying for that detention.

These aren’t loopholes, they are basic principles of common human decency. And to demonize and politicize these children is appalling.

Contrary to the picture painted by this administration, current policies don’t guarantee a child will be able to remain in the United States. Nor do these policies mean dangerous individuals are being released onto our streets.

The Trump administration’s efforts to repeal protections for children are based on an ignorance of history. The only effect of repeal would be more children held in unsafe conditions at exorbitant costs to the taxpayer.

I will oppose any efforts to change these laws, and I call upon my colleagues in Congress to join me in resisting efforts to roll back protections for immigrant children.

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Of all the depraved xenophobic, White Nationalist, racist ravings of Trump, Sessions, Homan, Neilsen, Kelly, Miller, Goodlatte, Cotton,  and other GOP restrictionists, the war on defenseless children has to be the most totally despicable! Most of these kids are fleeing genuine dangers in their home countries. The real problem is that the US has intentionally, for political reasons, twisted refugee law so as to not recognize their legitimate status as refugees and asylees.

As someone said at an Asylum Conference I recently attended, the BIA must be the only 15 so-called “asylum experts” in the world who don’t recognize that those fleeing gang recruitment in the Northern Triangle fit squarely within the “particular social group” classification for asylum protection.

Even if they weren’t a direct fit, these children qualify for relief under the Convention Against Torture or should be given another type of humanitarian relief such as TPS or Deferred Enforced Departure. Screening them for background and rapidly admitting them into the U.S. in some status would prevent them from becoming part of the current politically created  Immigration Court “backlog,” actually caused primarily by gross mismanagement, intentionally skewed anti-asylum legal interpretations, and political manipulation by this and past Administrations.

Of course the US could absorb them all, and prosper by doing so! Indeed, we’ve absorbed approximately 11 million individuals outside the system who have largely been a boon to our economy and our society. The real problem here is the White Nationalists who deny the reality of human migration and the inevitability of changing demographics, not the migrants themselves.

PWS

04-14-18

 

 

GONZO’S WORLD: Scofflaw Sessions Rapped Again For Violating Constitution On His “Sanctuary Cities” Nonsense! — “But there is no evidence of record, and Defendants do not argue, that Defendants based this conclusion on any findings or data. Therefore, the Court cannot conclude that Defendants had a “reasonable basis” for imposing the Challenged Considerations.”

https://www.nytimes.com/2018/04/12/us/justice-department-police-immigration-california.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

Jennifer Medina reports for the NY Times:

LOS ANGELES — The Justice Department cannot require that local police departments help immigration agents in order to receive federal funding, a federal judge has ruled. The ruling is a significant victory for local governments that have opposed the Trump administration’s stance on immigration and vowed to stay out of enforcement efforts.

United States District Judge Manuel Real in Los Angeles issued a permanent, national injunction against the federal funding rules, giving the city an important win in a long-running legal battle with Attorney General Jeff Sessions and the White House.

The ruling is “a complete victory,” Mike Feuer, the Los Angeles city attorney, said Thursday. “This is yet another dagger in the heart of the administration’s efforts to use federal funds as a weapon to make local jurisdictions complicit in its civil immigration enforcement policies.”

A Justice Department spokesman, Devin M. O’Malley, suggested an appeal was likely.

The federal government is legally entitled to give priority in its grant funding to local governments “that prioritize the safety of their communities and their law enforcement officers when they promise to cooperate with federal immigration authorities seeking information about illegal aliens who have committed crimes,” he said in a statement.

“Unfortunately,” he added, “the court not only rejected this common-sense conclusion, but it chose to issue a permanent nationwide injunction that is overbroad and inconsistent with the rule of law. We look forward to continuing the strong defense of our position.”

Photo

Los Angeles has received millions of dollars under a federal program to promote community policing.CreditMonica Almeida/The New York Times

The ruling handed down Wednesday came in one of several lawsuitsthat state and city officials in California have filed against the federal government arguing that it has overreached in trying to force local officers to help with immigration enforcement.

“The Trump administration cannot manipulate federal grant fund requirements to pressure states, counties or municipalities to enforce federal immigration laws,” Xavier Becerra, California’s attorney general, said last year when the state filed a lawsuit against the administration for denying funding to so-called sanctuary cities.

Last month, a federal district judge declined to issue a preliminary injunction against the federal government in that case, saying that the courts in other parts of the country had reached different conclusions and that “issues in this case will benefit from further development.”

After that ruling, the Trump administration filed its own lawsuit against California over its own “sanctuary state” law, which prevents the police in many cases from holding people at the request of federal immigration agents, and limits the sharing of information about the release of some county jail inmates who are in the country illegally. In its suit, the federal government argues that the law makes it impossible for immigration officers to do their jobs. A hearing in the case is scheduled for late June.

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Read the complete article at the link.

The losses just keep piling up for Gonzo & Co. And, not surprisingly, the inability of Gonzo to provide anything approaching a rational basis for his actions is a continuing problem.

He’s a guy whose career has been based on bias and racism. And, when that’s the only unstated rationale for a program, many Federal Courts are seeing right through the ruse. No, terrorizing communities and destroying relationships that have taken decades or more to build is not about effective law enforcement! It’s all about racism and bias.

Here’s a link to Judge Real’s decision in  City of Los Angeles v. Sessions

https-ecf-cacd-uscourts-gov-doc1-031127943445

PWS

04-14-18

 

NYT: Paul Krugman Says A Not So Fond Farewell To “Speaker Paul!” — “Look, the single animating principle of everything Ryan did and proposed was to comfort the comfortable while afflicting the afflicted.”

https://www.nytimes.com/2018/04/12/opinion/paul-ryan-fascism.html?em_pos=small&emc=edit_ty_20180413&nl=opinion-today&nl_art=0&nlid=79213886emc%3Dedit_ty_20180413&ref=headline&te=1

Why did Paul Ryan choose not to run for re-election? What will be the consequences? Your guess is as good as mine — literally. I can speculate based on what I read in the papers, but so can you.

On the other hand, I do have some insight into how Ryan — who has always been an obvious con man, to anyone willing to see — came to become speaker of the House. And that’s a story that reflects badly not just on Ryan himself, not just on his party, but also on self-proclaimed centrists and the news media, who boosted his career through their malfeasance. Furthermore, the forces that brought Ryan to a position of power are the same forces that have brought America to the edge of a constitutional crisis.

About Ryan: Incredibly, I’m seeing some news reports about his exit that portray him as a serious policy wonk and fiscal hawk who, sadly, found himself unable to fulfill his mission in the Trump era. Unbelievable.

Look, the single animating principle of everything Ryan did and proposed was to comfort the comfortable while afflicting the afflicted. Can anyone name a single instance in which his supposed concern about the deficit made him willing to impose any burden on the wealthy, in which his supposed compassion made him willing to improve the lives of the poor? Remember, he voted against the Simpson-Bowles debt commission proposal not because of its real flaws, but because it would raise taxes and fail to repeal Obamacare.

And his “deficit reduction” proposals were always frauds. The revenue loss from tax cuts always exceeded any explicit spending cuts, so the pretense of fiscal responsibility came entirely from “magic asterisks”: extra revenue from closing unspecified loopholes, reduced spending from cutting unspecified programs. I called him a flimflam man back in 2010, and nothing he has done since has called that judgment into question.

So how did such an obvious con artist get a reputation for seriousness and fiscal probity? Basically, he was the beneficiary of ideological affirmative action.

Even now, in this age of Trump, there are a substantial number of opinion leaders — especially, but not only, in the news media — whose careers, whose professional brands, rest on the notion that they stand above the political fray. For such people, asserting that both sides have a point, that there are serious, honest people on both left and right, practically defines their identity.

Yet the reality of 21st-century U.S. politics is one of asymmetric polarization in many dimensions. One of these dimensions is intellectual: While there are some serious, honest conservative thinkers, they have no influence on the modern Republican Party. What’s a centrist to do?

The answer, all too often, has involved what we might call motivated gullibility. Centrists who couldn’t find real examples of serious, honest conservatives lavished praise on politicians who played that role on TV. Paul Ryan wasn’t actually very good at faking it; true fiscal experts ridiculed his “mystery meat” budgets. But never mind: The narrative required that the character Ryan played exist, so everyone pretended that he was the genuine article.

Which brings us to the role of the congressional G.O.P. and Ryan in particular in the Trump era.

Some commentators seem surprised at the way men who talked nonstop about fiscal probity under Barack Obama cheerfully supported tax cuts that will explode the deficit under Trump. They also seem shocked at the apparent indifference of Ryan and his colleagues to Trump’s corruption and contempt for the rule of law. What happened to their principles?

The answer, of course, is that the principles they claimed to have never had anything to do with their actual goals. In particular, Republicans haven’t abandoned their concerns about budget deficits, because they never cared about deficits; they only faked concern as an excuse to cut social programs.

And if you ask why Ryan never took a stand against Trumpian corruption, why he never showed any concern about Trump’s authoritarian tendencies, what ever made you think he would take such a stand? Again, if you look at Ryan’s actions, not the character he played to gullible audiences, he has never shown himself willing to sacrifice anything he wants — not one dime — on behalf of his professed principles. Why on earth would you expect him to stick his neck out to defend the rule of law?

So now Ryan is leaving. Good riddance. But hold the celebrations: If he was no better than the rest of his party, he was also no worse. It’s possible that his successor as speaker will show more backbone than he has — but only if that successor is, well, a Democrat.

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Yup. I’ve said before that Paul Ryan is a 24 carat fraud. He delivered on totally unnecessary tax cuts for the Koch Brothers and other “fat cats” that hurt the rest of America and that will cost us well into the future. He failed on Dreamer relief which should and could have been a “no brainer.” That tells you all you really need to know about this disingenuous creep!

PWS

05-14-18

Mary Meg McCarthy, Executive Director, National Immigrant Justice Center Speaks Out On Gonzo’s Attack On The Legal Orientation Program & America’s Most Vulnerable

Department of Justice Program Defunds Legal Orientation and Help Desk Programs for 53,000 Immigrants Per Year, Violating Congressional Requirements and Undermining Efforts to Reduce Immigration Court Backlogs

Statement of Mary Meg McCarthy, Executive Director, National Immigrant Justice Center

Today the National Immigrant Justice Center (NIJC) and immigration legal service providers across the country received the alarming news that the Department of Justice (DOJ) plans to  terminate the Legal Orientation Program (LOP) and the Immigration Court Helpdesk program. LOP is a life line for the more than 40,000 immigrants who face complex deportation proceedings from remote detention facilities every day. Through LOP, legal service organizations provide basic information to men and women in immigration jails about the detention and deportation process. The goals of the bipartisan program  are to improve judicial efficiency and help immigrants in detention without attorneys navigate the immigration court process. Today, LOP services reach 40 detention facilities and over 50,000 detained people in desperate need of legal services.

Terminating the LOP and help desk programs is an affront to Congress. The report language accompanying the 2018 omnibus spending bill explicitly required the Executive Office for Immigration Review to “continue ongoing programs,” adopted language in the House Report providing that funding “sustains the current legal orientation program and related assistance, such as the information desk pilot,” and adopted language in the Senate Report noting the need for expanded LOP services in remote immigration facilities.

Terminating the LOP and help desk program is a deliberate attempt to eliminate due process from the deportation process. News of the legal orientation program termination comes when the administration is forcing unreasonable quotas on immigration judges to accelerate adjudications in the massively backlogged court system, and also pursuing a policy of mass prolonged detention at the border. This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due process rights. Because more than four out of every five detained immigrants are unable to access legal representation, LOP staff are quite literally the last and only line of defense for detained individuals trying to understand how to represent themselves in their claims to asylum and other forms of protection in immigration court.

Terminating the LOP program is an act of flagrant fiscal irresponsibility. A 2012 DOJ study found that detained immigrants who received legal orientation completed their court proceedings more quickly and remained detained for an average of six fewer days, yielding the government a net savings of more than $17.8 million per year.

NIJC calls on Congress to oppose the administration’s affront to due process  by taking any and all steps possible to ensure that DOJ complies with its congressional directives and maintains the LOP and help desk programs as they currently exist.

 

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This is no real surprise, given the overt White Nationalist restrictionist agenda of Trump, Sessions, and their cronies. This isn’t driven by false “fiscal economy.” It’s driven by an agenda biased against immigrants, Latinos, and asylum seekers. Facts and truth are irrelevant when dealing with folks like Trump and Gonzo.

Scott Pruitt wastes taxpayer money left and right, as does Trump. Meanwhile, worthy, essential Government programs like the LOP are being “zero funded.” It’s totally outrageous!

While Gonzo hasn’t achieved the degree of personal greed-based corruption that some other Administration officials have, he makes up for it by grossly misusing the resources of the Department of Justice to decrease justice, fairness, and Due Process in America. It’s mind-boggling how we could end up with an anti-American, xenophobic, racist as Attorney General nearly two decades into the 21st Century. But, it’s happened. Yet, Sessions is for real and he’s recreating the “Jim Crow of his youth” in today’s America.

Due Process Forever. Jeff Sessions Never!

PWS

04-12-18

NBC NEWS CAPTURES THE “NEW AMERICAN GESTAPO” IN THE AGE OF TRUMP PROUDLY VIOLATING US LAW & INTERNATIONAL LAW — Administration Scofflaws Caught On Camera In the Act!

https://www.nbcnews.com/storyline/immigration-border-crisis/video-shows-u-s-agents-trying-dump-injured-man-over-n861146

Superstar immigration reporter Julia Edwards Ainsley reports for NBC News:

WASHINGTON — A video obtained by NBC News shows U.S. Border Patrol agents attempting to break international law by forcing an injured and mentally unstable man back into Mexico by falsely claiming that he is not in their custody, failing to identify him and assuming he is Mexican because “he looks like it.”

U.S. Customs and Border Protection (CBP) provided the video after a whistleblower first alerted NBC News to the existence of the footage. The anonymous videographer was ready to film the encounter because Mexican agents had identified the area as a place where American agents frequently tried to deport migrants covertly, according to a source close to the Mexican government.

The incident occurred at the U.S.-Mexico border in Calexico, California, on March 27, 2017, and sparked a complaint by Mexican officials to CBP, which launched an investigation that ended with the agents being reprimanded, but ultimately keeping their jobs.

Under an agreement between the U.S. and Mexico, Mexican nationals must be properly repatriated through the Mexican consulate, a process that includes fingerprinting and confirming the person’s identity. Only then can they be sent back across the borderon foot or by other means.

If a migrant is not Mexican, such as the tens of thousands crossing from Central America each month, the migrant must be deported by plane back to his or her home country.

The identities of the persons in the video are unknown to NBC News and CBP is withholding their names for privacy reasons.

After being deterred by Mexican agents, as seen in the video, the U.S. border agents allowed the man to walk into traffic on the U.S. side of the border.

Later, and not captured on film, U.S. agents left the man in a park on the American side of the border and lost track of his whereabouts for nearly a month, NBC News has learned. A concerned citizen called the local police when she noticed the man’s “erratic” behavior in the park and he was taken to a hospital for evaluation, according to a law enforcement source.

On April 19, U.S. border agents encountered him again trying to enter the U.S. from Mexico. Only then was the man taken to be processed at the Mexican consulate, where it was determined he was in fact a Mexican national and had been arrested 16 times for illegal entry to the U.S. in Arizona, Texas and California, the law enforcement source said.

Without following the proper procedure, the agents had previously been unable to determine the man’s identity, if he had a viable case for asylum or whether he had a criminal background.

The breach of protocol would have also allowed CBP to avoid cataloging the apprehension in the agency’s database — numbers that President Donald Trump has sought to drive down under his administration to show the rewards of his tough stance on immigration.

“In the video, our actions were not consistent with our normal procedures. Corrective action was taken to ensure all our agents understand their responsibilities of adhering to established processes, practices, and policies,” said Assistant Chief Patrol Agent David S. Kim.

A spokesman for CBP said the footage captured is an “isolated incident.”

But a recent survey by the American Immigration Council of 600 immigrants who were sent back to Mexico found that more than half of the respondents did not receive their repatriation documents and just as many were not asked if they feared returning home, the preliminary question for assessing asylum claims.

The advocacy group’s study also found that almost a quarter of the respondents reported being victims of abuse or aggression by U.S. immigration authorities.

 Boys look through an older section of the border structure from Mexicali, Mexico, alongside a newly-constructed, taller section, left, in Calexico, California on March 5, 2018. Gregory Bull / AP

In a recent high-profile case involving the deportation of a recipient of DACA, a federal program that has allowed children brought into the U.S. illegally by their parents to remain, Juan Manuel Montes, 23, claimed he was forcibly returned to Mexico by CBP agents in the middle of the night. Montes said in a lawsuit that he was told to keep walking until he found himself on the Mexican side of the border. Montes, who was later arrested for attempting to re-enter the U.S., has since dropped the lawsuit.

Immigration attorneys say that agents failing to follow proper deportation protocol is not new to the Trump administration, but they fear these incidents could become more frequent as agents have been given more power to enforce immigration law against non-criminal migrants.

“Attorneys have seen for years the denigration of legal protections for immigrants at the border when CBP fails to follow proper procedure, including turning away asylum seekers at the border and denying them the opportunity to seek protection and summarily deporting people without due process in clear violation of U.S. and international law,” said Greg Chen, director of government relations for the American Immigration Lawyers Association.

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To see the true arrogant ugliness of America under Trump, check out the video at the above link. No, this isn’t an “isolated incident” as CBP falsely claims. It’s “business as usual” at the border under Trump
Folks, this is pretty much what happens in Third World dictatorships that send us refugees and asylum seekers. Under the lawless Trump Administration, CBP Agents openly violate U.S. legal rights, international law, and human rights secure in the knowledge that they now work for regime that will never hold them accountable for anything. America is sinking as a nation  of values and laws every day that Trump and his toxic band are in office.
This is what your kids and grandchildren are going to look back on. They are going to wonder what YOU did to stop Trump, Sessions, Nielsen, and their gang of bullies and scofflaws.
PWS
04-12-18

FORMER NAIJ PRESIDENT JUDGE DANA LEIGH MARKS SPEAKS OUT AGAINST JUDICIAL QUOTAS! — “The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.” – This Seems Obvious – So Why Is “Gonzo Apocalypto” Sessions Being Allowed to Run Roughshod Over Justice In Our U.S. Immigration Courts?

http://fortune.com/2018/04/09/immigration-judge-quotas-department-of-justice/

Judge Marks writes in Fortune:

Immigration judges are the trial-level judges who make the life-changing decisions of whether or not non-citizens are allowed to remain in the United States. They are facing a virtual mountain of cases: almost 700,000 for about 335 judges in the United States. The work is hard. The law is complicated. The stories people share in court are frequently traumatic and emotions are high because the stakes are so dire. Because these are considered civil cases, people are not provided attorneys and must pay for one, find a volunteer, or represent themselves.

In a move that the Department of Justice claims is intended to reduce this crushing backlog, the DOJ is moving forward with a plan to require judges to meet production quotas and case completion deadlines to be rated as satisfactory in order to keep their jobs. This misguided approach will have the opposite effect.

One cannot measure due process by numbers. The primary job of an immigration judge is to decide each case on its own merits in a fair and impartial way. That is the essence of due process and the oath of office we take. Time metrics simply have no place in that equation. Quality measurements are reasonable, and immigration judge performance should be evaluated, but by judicial standards, which are transparent to the public and expressly prohibit quantitative measures of performance. The imposition of quotas and deadlines forces a judge to choose between providing due process and pushing cases to closure without considering all the necessary evidence.

If quotas and deadlines are applied, judicial time and energy will be diverted to documenting our performance, rather than deciding cases. We become bean-counting employees instead of fair and impartial judges. Our job security will be based on whether or not we meet these unrealistic quotas and our decisions will be subjected to suspicion as to whether any actions we take, such as denying a continuance or excluding a witness, are legally sound or motivated to meet a quota. Under judicial canons of ethics, no judge should hear a case in which he or she has a financial interest. By tying the very livelihood of a judge to how quickly a case is pushed through the system, you have violated the fundamental rule of ensuring an impartial decision maker is presiding over the case.

These measures will undermine the public’s faith in the fairness of our courts, leading to a huge increase in legal challenges that will flood the federal courts. Instead of helping, these doubts will create crippling delays in our already overburdened courts. If history has taught us any lessons, it is that similar attempts to streamline have ultimately resulted in an increase in the backlog of cases.

The unacceptable backlogs at our courts are due to decades of inadequate funding for the courts and politically motivated interference with docket management. The shifting political priorities of various administrations have turned our courts into dog and pony shows for each administration, focusing the court’s scant resources on the cases ‘du jour,’—e.g., children or recent border crossers—instead of cases that were ripe for adjudication.

The solution to the delays that plague our courts is not to scapegoat judges. The solution is two-part: more resources and structural reform. We need even more judges and staff than Congress has provided. Additionally, the immigration courts must be taken out of the Department of Justice, as the mission of an independent and neutral court is incompatible with the role of a law enforcement agency. This latest, misguided decision to impose quotas and performance metrics makes that conclusion clear and highlights the urgent need for structural reform. The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.

Dana Leigh Marks is president emeritus of the National Association of Immigration Judges and has been a full-time immigration judge in San Francisco since 1987. The views expressed here do not necessarily represent the official position of the United States Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent the author’s personal opinions, which were formed after extensive consultation with the membership of NAIJ.

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For those of you who don’t know her, my friend and colleague Dana is not just “any” U.S. Immigration Judge. In addition to her outstanding service as a Immigration Judge and as the President of the NAIJ, as a young attorney, then known as Dana Marks Keener, she successfully argued for the respondent in the landmark Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987).

That case for the first time established the generous “well-founded fear” standard for asylum seekers over the objections of the U.S. Government which had argued for a higher “more likely than not” standard. Ironically, it is exactly that generous treatment for asylum seekers mandated by the Supreme Court, which has taken more than four decades to come anywhere close to fruition, that Sessions is aiming to unravel with his mean-spirited White Nationalist inspired restrictionist agenda at the DOJ.

Interestingly, I was in Court listening to the oral argument in Cardoza because as the then Acting General Counsel of the “Legacy INS” I had assisted the Solicitor General’s Office in formulating the “losing” arguments in favor of the INS position that day.

Due Process Forever! Jeff Sessions Never! Join the New Due Process Army and stand up against the White Nationalist restrictionist attack on America and our Constitution!

PWS

04-11-18

DIANNE SOLIS @ DALLAS MORNING NEWS DETAILS GONZO’S ALL-OUT ASSAULT ON INDEPENDENCE OF U.S.IMMIGRATION JUDGES AND DUE PROCESS IN OUR IMMIGRATION COURTS –“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.”

https://www.dallasnews.com/news/immigration/2018/04/10/immigration-judges-attorneys-worry-sessions-quotas-will-cut-justice-clogged-court-system

Dianne writes:

“A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases.

A new edict from President Donald Trump’s administration orders judges of the immigration courts to speed it up.

Now the pushback begins.

Quotas planned for the nation’s 334 immigration judges will just make the backlog worse by increasing appeals and questions about due process, says Ashley Tabaddor, Los Angeles-based president of the National Association of Immigration Judges.

Quotas of 700 cases a year, first reported by The Wall Street Journal, were laid out in a performance plan memo by U.S. Attorney General Jeff Sessions. They go into effect October 1.

Some have even called the slowdown from the backlog “de facto amnesty.”

“We believe it is absolutely inconsistent to apply quotas and deadlines on judges who are supposed to exercise independent decision-making authority,” Tabaddor said.

“The parties that appear before the courts will be wondering if the judge is issuing the decision because she is trying to meet a deadline or quota or is she really applying her impartial adjudicative powers,” she added.

. . . .

Faster decision-making could cut the backlog, but it also has many worried about fairness.

The pressure for speed means immigrants would have to move quickly to find an attorney. Without an attorney, the likelihood of deportation increases. Nationally, about 58 percent of immigrants are represented by attorneys, according to Syracuse’s research center. But in Texas, only about a third of the immigrants have legal representation.

Paul Schmidt, a retired immigration judge who served as chairman of the Board of Immigration Appeals for immigration courts for six years, says he saw decisions rendered quickly and without proper legal analysis, leaving it necessary for many cases to be sent back to the immigration court for what he called “a redo.”

“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.

Schmidt said there are good judges who take time with cases, which is often needed in asylum pleas from immigrants from countries at war or known for persecution of certain groups.

But he also said there were “some not-very-good judges” with high productivity.

Ramping up the production line, Schmidt said, will waste time.

“You will end up with more do-overs. Some people are going to be railroaded out of the country without fairness and due process,” Schmidt said.

. . . .

“It doesn’t make any sense to squeeze them,” said Huyen Pham, a professor at Texas A&M University School of Law in Fort Worth. “When you see a lot more enforcement, it means the immigration court will see a lot more people coming through.”

Lawyers and law school professors say the faster pace of deportation proceedings by the U.S. Immigration and Customs Enforcement spells more trouble ahead. Immigration courts don’t have electronic filing processes for most of the system. Many judges must share the same clerk.

For decades, the nation’s immigration courts have served as a lynchpin in a complex system now under intense scrutiny. Immigration has become a signature issue for the Trump administration.

Five years ago, the backlog was about 344,000 cases — about half today’s amount. It grew, in part, with a rise in Central Americans coming across the border in the past few years. Most were given the opportunity to argue before an immigration judge about why they should stay in the U.S.

This isn’t the first time the judges have faced an administration that wants them to change priorities. President Barack Obama ordered that the cases of Central American unaccompanied children to be moved to the top of docket.

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

The quota edict was followed by a memo to federal prosecutors in the criminal courts with jurisdiction over border areas to issue more misdemeanor charges against immigrants entering the country unlawfully. Sessions’ memo instructs prosecutors “to the extent practicable” to issue the misdemeanor charges for improper entry. On Wednesday, Sessions is scheduled to be in Las Cruces, New Mexico, to speak on immigration enforcement at a border sheriffs’ meeting.

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

Judge Ashley Tabaddor, President of the National Association of Immigration Judges (“NAIJ” — for the record, I’m a retired member of the NAIJ) hits the nail on the head. This is about denying immigrants their statutory and Constitutional rights while the Administration engages in “Aimless Docket Reshuffling” (“ADR”) an egregious political abuse that I have been railing against ever since I retired in 2016.

Judge Tabaddor’s words are worth repeating:

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

In plain terms this is fraud, waste, and abuse that Sessions and the DOJ are attempting to “cover up” by dishonestly attempting to “shift the blame” to immigrants, attorneys, and Immigration Judges who in fact are the victims of Session’s unethical behavior. If judges “pedaling faster” were the solution to the backlog (which it isn’t) that would mean that the current backlog was caused by Immigration Judges not working very hard, combined with attorneys and immigrants manipulating the system. Sessions has made various versions of this totally bogus claim to cover up his own “malicious incompetence.”

Indeed, by stripping Immigration Judges of authority effectively to manage their dockets; encouraging mindless enforcement by DHS; terminating DACA without any real basis; insulting and making life more difficult for attorneys trying to do their jobs of representing respondents; attacking legal assistance programs for unrepresented migrants; opening more “kangaroo courts” in locations where immigrants are abused in detention to get them to abandon their claims for relief; threatening established forms of protection (which in fact could be used to grant more cases at the Asylum Office and by stipulation — a much more sane and legal way of reducing dockets); canceling “ready to hear” cases that then are then “orbited” to the end of the docket to send Immigration Judges to detention courts where the judges sometimes did not have enough to do and the cases often weren’t ready for fair hearings; denying Immigration Judges the out of court time necessary to properly prepare cases and write decisions; and failing to emphasize the importance of quality and due process in appellate decision-making at the BIA, Sessions is contributing to and accelerating the breakdown of justice and due process in the U.S. Immigration Courts.

PWS

04-11-18

 

 

GONZO’S WORLD: LATEST DUE PROCESS OUTRAGE: ATTACK ON LEGAL RIGHTS PROGRAM IN IMMIGRATION COURT — Dumping On The Most Vulnerable & Those Trying To Help Them Is A Gonzo Specialty! — “This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due-process rights,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, one of the organizations that offers the legal services with Vera.

https://www.washingtonpost.com/local/immigration/justice-dept-to-halt-legal-advice-program-for-immigrants-in-detention/2018/04/10/40b668aa-3cfc-11e8-974f-aacd97698cef_story.html?utm_term=.c604b3ff4532

Maria Sacchetti reports for the Washington Post:

The U.S. immigration courts will temporarily halt a program that offers legal assistance to detained foreign nationals facing deportation while it audits the program’s cost-effectiveness, a federal official said Tuesday.

Officials informed the Vera Institute of Justice that starting this month it will pause the nonprofit’s Legal Orientation Program, which last year held information sessions for 53,000 immigrants in more than a dozen states, including California and Texas.

The federal government will also evaluate Vera’s “help desk,” which offers tips to non-detained immigrants facing deportation proceedings in the Chicago, Miami, New York, Los Angeles and San Antonio courts.

The Executive Office for Immigration Review, which runs the Justice Department’s immigration courts, said the government wants to “conduct efficiency reviews which have not taken place in six years.” An immigration court official, who spoke on the condition of anonymity because the audit has not been formally announced, said the review will examine the cost-effectiveness of the federally funded programs and whether they duplicate efforts within the court system. He noted, for example, that immigration judges are already required to inform immigrants of their rights before a hearing, including their right to find a lawyer at their own expense.

But advocates said the programs administered by Vera and a network of 18 other nonprofits are a legal lifeline for undocumented immigrants.

“This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due-process rights,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, one of the organizations that offers the legal services with Vera.

In a statement, the Vera Institute said a 2012 study by the Justice Department concluded that the program was “a cost-effective and efficient way to promote due process” that saved the government nearly $18 million over one year.

The Trump administration has also clashed with the Vera Institute over whether its subcontractors were informing undocumented immigrant girls in Department of Health and Human Services custody about their right to an abortion. The issue was later resolved.

The Justice Department is ramping up efforts to cut an immigration court backlog of 650,000 cases in half by 2020. Attorney General Jeff Sessions last week imposed production quotas on immigration judges to spur them to clear cases more quickly.

Immigration courts are separate from U.S. criminal courts, where defendants are entitled to a government-appointed lawyer if they cannot pay for their own legal counsel.

The Vera Institute said approximately 8 in 10 detainees in immigration court face a government prosecutor without a lawyer.

The Executive Office for Immigration Review says on its website that it launched the legal-aid program in 2003, during the administration of George W. Bush, to orient immigrants so that court ­proceedings would move more quickly.

“Experience has shown that the LOP has had positive effects on the immigration court process: detained individuals make wiser, more informed, decisions and are more likely to obtain representation; non-profit organizations reach a wider audience of people with minimal resources; and, cases are more likely to be completed faster, resulting in fewer court hearings and less time spent in detention,” the agency’s website says.

The help desk answers questions and provides similar information to immigrants who are not detained but are facing deportation.

Maria Sacchetti covers immigration for The Washington Post. She previously reported for the Boston Globe.

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

The idea expressed by an “anonymous” DOJ official that the brief, often rote “in court” warnings given by Immigration Judges in open court can take the place of a “Know Your Rights” session being conducted in advance, out of court by Vera is preposterous.  The “average” initial hearing or “Master Calendar” takes fewer than 10 minutes.  My former Arlington Immigration Court colleague Judge Lawrence O. Burman was once “clocked” by a reporter at seven minutes per case, and he is probably more thorough than most Immigration Judges. Moreover, with Immigration Judges being pressured to churn out more final orders of removal faster, required warnings are just one of the aspects of Due Process that are likely to be truncated as Sessions’s “haste makes waste” initiative continues to destroy even the appearance of justice in our U.S. Immigration Courts.

In other words this totally bogus “audit” couldn’t come at a worse time for the beleaguered Immigration Judges of the U.S. Immigration Courts and particularly the often defenseless immigrants who come before them seeking (but far too often not finding) the justice supposedly “guaranteed” to them by our Constitution.

In my long experience, “Know Your Rights” presentations, which often allowed individuals to assess their cases and retain lawyers before their first Immigration Court appearance were one of the best “bang for the buck” programs ever undertaken by EOIR. Immigration Judges relied heavily on them to “keep the line moving” without denying due process.

Sessions methodically is stripping U.S. Immigration Judges of the tools that allow them to do their jobs fairly and efficiently: administrative closing, continuances, ability to control their own court schedules, time and resources to do research and write opinions, and now the assistance of the “Know Your Rights” Programs.

Harm to the most vulnerable among us is harm to all. Jeff “Gonzo Apocalypto” Sessions is a coward who consistently uses bogus narratives and specious reasons to pick on the most vulnerable in our legal system. Join the New Due Process Army and stand up to Gonzo and his anti-American, anti-Constitutional, anti-human agenda! Today, Gonzo is eliminating immigrants’ rights. Tomorrow it will be YOUR RIGHTS. Who will stand up for YOU if you remain silent while the weak and dispossessed are attacked by Gonzo and his ilk!

PWS

04-11-18

 

 

DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon&#39;s 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18

GONZO’S WORLD: There’s Plenty Of Compelling Evidence That Increasing Prosecutions Of Routine Illegal Entry Offenses, Is Inhumane, Inconsistent With Our Protection Laws, Wasteful, And Fails To Act As A Deterrent – So Why Is Gonzo Declaring A “Zero Tolerance” Policy That Is A Proven Failure?

2018-Report-Punishing-Refugees-Migrants

Here’s what a recent study by Human Rights First has to say about increasing criminal prosecutions for illegal entry:

Additionally, there are security and public safety disadvantages associated with prosecuting illegal entry and reentry, as it diverts scarce judicial and prosecutorial resources from addressing more serious crimes. According to Alex Nowrasteh, an immigration expert at the Cato Institute, “every dollar spent on prosecuting an illegal immigrant for illegal reentry is a dollar that could have been spent on prosecuting or investigating a real crime.” Mr. Nowrasteh further explained that resources could be better allocated to violent crimes and property crimes.118

Criminally prosecuting individuals for illegal entry and illegal reentry also appears to be ineffective as a deterrence mechanism—its stated objective.119 In its 2015 report, the OIG concluded that CBP did not have an adequate system in place to measure whether or not Operation Streamline—or related criminal prosecutions— have succeeded in deterring individuals from

migrating to the United States without authorization.120 Similarly, a 2017 U.S. Government Accountability Office (GAO) report found that the way in which border patrol calculates recidivism rates (i.e. effectiveness) for those prosecuted for illegal entry and reentry is inaccurate, as their calculations do not assess an immigrant’s apprehension history beyond one fiscal year.121 According to Retired Brownsville Judge Felix Recio, “prosecutions have no deterrent effect whatsoever. People will just continue crossing.”122

Today, southern border crossers are increasingly coming to the U.S. to seek protection from human rights violations, violence, and other forms of persecution. With many facing life or death

choices, increased enforcement measures such as prosecution, are even less effective in deterrence. Asylum seekers, unaccompanied children, and others seeking protection, make up a group the Institute for Defense Analyses (IDA)— a DHS contractor—calls a “non-impactable population,” and a group which increased from less than two percent of border apprehension in 2003-2009 to over 33 percent in 2016.123According to IDA, these individuals “make no attempt to evade detection, and all […] surrender to the first USBP agent they encounter,” noting that traditional enforcement mechanisms are not effective in deterring this population.

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So here’s what Jeff “Gonzo Apocalypto” Sessions did in response:

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.

 

“The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest—that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge the Trump Administration’s commitment to public safety, national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department’s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. You play a critical part in fulfilling these goals, and I thank you for your continued efforts in seeing to it that our laws—and as a result, our nation—are respected.”

 

On April 11, 2017, Attorney General Jeff Sessions announced a renewed commitment to criminal immigration enforcement. As part of that announcement, the Attorney General issued a memorandum to all federal prosecutors and directed them to prioritize the prosecution of certain criminal immigration offenses.

 

Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent

 

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Poor Gonzo! Nobody has worked harder and with more dedication to earn the title of “Worst Government Executive of the 21st Century.” After all, promoting policies of:

  • Racism
  • Homophobia
  • Xenophobia
  • Denial of statutory and Constitutional rights
  • Destruction of the US Immigration Court system
  • Creation of a “New American Gulag”
  • Abuses of prosecutorial discretion
  • Providing misinformation to Congress
  • Suppression of voting rights
  • Religious intolerance
  • Interference with state and local law enforcement
  • Use of false and misleading statistics
  • Gross waste and mis-deployment of scarce law enforcement resources
  • Smearing asylum applicants, DACA young people, and immigration lawyers
  • Targeting the rights of women, children, an other vulnerable groups
  • Promoting false connections between immigrants and crime
  • Trying to shift the blame for “Aimless Docket Reshuffling” in the Immigration Courts by the DOJ to the victims of the DOJ’s misconduct — respondents, lawyers, and judges

should earn Gonzo the title hands down. He’d certainly be my first choice!

Yet, because he lives in the Age of Trump, Scott Pruitt, and other flashier more visibly corrupt violators of the law, ethics, and human decency, Gonzo’s truly reprehensible actions as Attorney General sometimes get buried on the “back pages.”

Not to worry, though, Gonzo! Undoubtedly when scholars and political scientists have a chance to reflect on your truly horrible record as Attorney General and combine it with decades on the public payroll without many obvious positive or constructive contributions to speak of, I’m sure that your place in history as one of the worst and most prejudiced public officials of 21st Century America will be assured!

PWS

04-10-18

 

GONZO’S WORLD: LA TIMES — Gonzo’s Proposed Immigration Judge Quotas Are A REALLY DUMB Idea! – But, Then, This Is A Dude Who Takes Pride In His Prejudice & Lives On The Wrong Side Of Racial Justice & U.S. History!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=841c986a-d552-4fdb-9493-56720e6f6caa

The LA Times Editorial Board writes:

There is no dispute that the nation’s immigration court system is drowning in its own caseload. It began under the Obama administration’s ramped-up efforts to deport people in the country illegally who had recently crossed the border or who had criminal histories, and accelerated under President Trump’s campaign to roust as many undocumented people as he can. Over the past two years the backlog of active deportation cases has increased from 516,000 to 685,000, according to the Transactional Records Access Clearinghouse at Syracuse University, and the cases have taken, on average, almost two years each to be decided — 711 days.

Now Atty. Gen. Jeff Sessions is pushing immigration judges to speed things up. Starting in October, the department will measure judges’ performance by a new standard that requires each of them to clear 700 cases a year, with fewer than 15% of decisions sent back by appeals courts, in order to receive a “satisfactory” rating.

That’s an assembly line, not a judicial system, and it runs the very real risk of subverting due process rights as individual judges place their job security ahead of justice.

The immigration courts — a branch of the Justice Department, not part of the independent judiciary — have been understaffed for years. Making matters worse, the pace of proceedings is slowed not only by sheer volume, but also by the absence of attorneys to steer clients through the process (immigrants facing civil deportation proceedings are not entitled to government-supplied lawyers, as they would be in criminal cases). Other challenges include the difficulty in procuring and verifying documents from other (sometimes unstable) countries and the time required to weigh evidence in asylum requests and other complex cases.

Judges and immigration lawyers have warned that speeding up the process could increase the number of appealable decisions because there would be legitimate questions over whether a decision to refuse to hear a witness as duplicative, or to not admit further evidence, is based not on the merits but on the fact that the judge is lagging behind in closing cases.

As it is, judges clear an average of 678 cases a year, so pushing that up to 700 might not seem like a big change. But the clearance rate is well below that average in courts where cases are more complex, and there, the effect of the new quotas could be severe. Judges near the southern border handling cases involving new arrivals are able to make decisions faster than, for instance, a judge in the interior of the country handling cases involving people who have established deep roots or have dependents who are American citizens. Cases involving unaccompanied minors can be particularly complex because the law allows a variety of relief options, including requesting asylum or seeking “special immigrant juvenile status” if they have been abused or abandoned by their parents. Given the totality of Trump and Sessions’ attitudes toward people living in the country without permission, it’s not unreasonable to see this imposition of quotas as a pretext for speeding up deportations, due process be damned.

The government, of course, has a right to establish immigration policies and a duty to secure borders. But even noncitizens enjoy the protections of the Constitution, including the right to due process, when they are in the country. This attempt to accelerate the pace of justice through a management-

directed quota system imperils that.

The smarter way to reduce the backlog of pending cases is to expand the court system itself, which Congress, to its credit, has finally begun to do. The current budget includes funding to add 100 judges to the 350 existing positions, and money to speed up the hiring process. Besides, as a Government Accountability Office report last June found, delays in individual cases usually are due to matters beyond a judge’s control. About a quarter of postponements, or continuances, were the result of technical or other operational problems in the courtroom, or the fault of the Department of Homeland Security, such as not having the deportation target available for the hearing. Forcing the judges to speed things up when they don’t control the things that slow the system down will, in all likelihood, make the system more unfair.

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Even adding Immigration Judges and staff will not be enough unless the outdated bureaucratic “Vatican type” structure is abandoned and modern technology and court administration services are brought into the picture.

Moreover, the now ingrained practice of both overt and covert political interference in the Immigration Courts’ docket management must end and the emphasis must be placed solely on due process, fairness, quality, and judicial efficiency.

My experience is that left to their own devices, Immigration Judges are hard-working and dedicated to “getting the job done.” With an independent authority, I believe that the system would over time develop “best judicial practices” and be able to better manage and control the docket. This problem has built up over decades; expecting a “silver bullet” solution that will eliminate the backlog overnight is highly unrealistic.

Yes, there are huge discrepancies in decision outcomes. But, if the system were left to its own devices, these could be sharply reduced, even if not completely eliminated, over time. A true merit based selection system that operates in a more realistic time frame and draws judges of different backgrounds and experiences into the mix would also help in promoting the dialogue and critical thinking necessary to achieve systemically fair results.

PWS

04-10-18

 

N. RAPPAPORT IN THE HILL: Trump Follows In Bush’s & Obama’s Footsteps By Sending National Guard To The Southern Border

http://thehill.com/opinion/immigration/382136-by-sending-national-guard-to-border-trump-follows-bush-obama

Family Pictures

Nolan writes:

. . . .

Trump isn’t the first president to use the National Guard this way. Presidents George W. Bush and Barack Obama did it when they were presidents. Their National Guard operations were successful, and Trump’s probably will be too, if his operation is similar to theirs.

Apparently, the Border Patrol feels that way too. According to Brandon Judd, president of the National Border Patrol Council, experience has shown that the military can supplement the work of agents on the ground.

We do not know yet how the troops will be used. The memorandum gives the secretary of Defense, working with DHS and the attorney general, 30 days to submit an action plan detailing what resources and actions are needed, including federal law enforcement and U.S. military resources.

. . . .

In any case, it doesn’t make sense to use the number of apprehensions as the criterion for determining how secure the border is. What about the aliens who were not apprehended? There is no way of knowing how many aliens succeeded in making an illegal entry without being detected by the Border Patrol.

Ultimately, Trump’s decision to send Border Patrol agents to the border should not be considered unusual or inhumane. Instead, it is a continuation of his existing immigration policies and even presidential precedent.

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As Nolan points out, sending the National Guard to the border is neither unusual nor unprecedented. But, that doesn’t mean it’s smart, effective, or cost efficient.

I’m aware of no hard evidence that sending the National Guard makes any long-term difference in border enforcement or security.

A number of commentators have also questioned whether the somewhat marginal short-term enforcement benefits of sending troops outweighs the substantial costs and negative perception issues. See e.g.,

https://www.dailysignal.com/2014/07/16/sending-military-border-good-idea/

https://www.militarytimes.com/news/pentagon-congress/2018/04/08/what-happened-when-bush-obama-sent-troops-to-mexico-border/

https://www.theguardian.com/us-news/2018/apr/03/trump-mexico-wall-military-guards-obama-bush-not-first-president

https://www.sciencedaily.com/releases/2016/04/160421171156.htm

I see no evidence of any real security crisis at the Southern Border. Certainly, Trump’s panic about the so-called “Caravan” (actually largely made up of desperate women and children) is totally bogus, apparently based on over-hyped reports by Fox News.

It’s obvious that having blown the chance to get funding for his Wall, Trump is looking for some way to hype a non-existent “Southern Border Crisis” to show his base that he hasn’t given up on his racist approach to immigration. He also keeps raising his bogus claims that we need to further truncate the already too limited existing rights of children and asylum seekers and expand the “New American Gulag.” What total BS

There is an ongoing humanitarian crisis in the Northern Triangle causing individuals to undertake the journey North. That’s been going on for many years, and is almost certain to continue as long as folks like Trump are in charge. It’s not like Obama or Bush helped the situation either. Indeed, the US policy toward Latin America has been screwed up during my entire lifetime and shows no signs of changing.

Nothing Trump does is going to change that. Indeed, by almost any rational measure, Trump’s enforcement bluster is likely to make the situation even worse. As a number of commentators have pointed out, if Trump actually goes through with his stated wish to expel Hondurans and Salvadorans currently here in TPS status, that would almost certainly further destablilize both countries, further strengthen the hands of gangs, and guarantee an even larger northward flow.

PWS

04-09-18