ERIC LEVITZ @ NY MAG: Trump Is A Scofflaw Fraud, Particularly On Immigration — “It is abundantly clear, then, that the Trump administration’s fanatical opposition to illegal immigration is not rooted in a commitment to upholding U.S. law but rather in some other concern it does not wish to speak in public.”

https://apple.news/A1erR6RRPRnyc6GVYdS2PAw

Eric Levitz writes in NY Magazine:

PRESIDENT TRUMP

Trump Wants America to Stop Enforcing Its Immigration Laws

Donald Trump has nothing against “lawful immigrants” — in fact, he believes they “enrich our society and contribute to our nation.” And the president certainly has no investment in maintaining the United States as a majority-white nation; he is, after all, “the least racist person you have ever met.

The left might try to defame this White House by insisting its hard-line immigration policies are motivated by nativism or even white-nationalist sympathies. But the administration has made its true motives perfectly clear: It has not adopted a “zero tolerance” policy toward undocumented immigrants out of animus for foreign people but simply out of reverence for American law.

“In a Trump administration, all immigration laws will be enforced,” Trump promised a crowd in Phoenix two months before his election. “Anyone who has entered the United States illegally is subject to deportation — that is what it means to have laws and to have a country.”

Trump has repeatedly invoked this absolutist commitment to the law when seeking to justify unpopular immigration policies. The president never offered an affirmative argument for canceling the Deferred Action for Childhood Arrivals (DACA) program, which provided temporary work permits to 700,000 undocumented immigrants who were brought to this country as children. To the contrary, almost immediately after terminating DACA, the president claimed he supported protections for Dreamers in principle and implored Congress to write such protections into legislation. He didn’t want to hurt Dreamers — or use them as bargaining chips in negotiations with Democrats — he just felt the Executive branch did not have the authority to make immigration policy unilaterally. Sure, past Republican presidents (and the federal courts) might have considered deferred action to be within the Executive branch’s purview. But Trump was a stickler about the Constitution’s separation of powers. We are a nation of laws, not men. On such grounds, the president would later justify making America into the kind of nation that punishes migrant mothers by separating them from their children.

Of course, the white-collar-criminal-in-chief’s professed devotion to law and order was always a transparent fraud (this is a man who has publicly insisted that the attorney general’s job is to subordinate the law to the president’s personal interests). But even by this administration’s standards, its latest efforts to crack down on “illegal immigration” are gobsmacking in their hypocrisy.

Last week, the White House purged many of its own appointees from the Department of Homeland Security, suggesting that the president was looking to go in a “tougher” direction. Subsequent reporting has clarified that tougher was a euphemism for “lawless.”

Under U.S. law, any foreign national who sets foot on our nation’s soil has a legal right to seek asylum from persecution or violence in that person’s home country — if he or she can pass an initial screening conducted by asylum officials. And Congress designed such screenings with an eye toward minimizing the number of genuinely endangered people whom America sends back into harm’s way (rather than minimizing the number of economic migrants whom our asylum courts are forced to process). As a result, about 90 percent of those who claim asylum make it past the initial screening.

As violence and instability in Central America have sent hundreds of thousands of migrant families to our border, this law has created logistical problems for the Trump administration. Litigating asylum claims can take months, even years. And the United States does not have the resources to detain every asylum seeker who makes it past the initial test. Thus the White House finds itself in the position of releasing asylum seekers into the United States, likely allowing some number to slip into the country and thereby become undocumented immigrants.

For whatever reason, this administration cares more about curbing such immigration (even though undocumented immigration is associated with reductions in crime, and the U.S. has an acute need for more “low skill” labor) than it does about enforcing all of America’s immigration laws. As the New York Times explains:

In a separate conversation, President Trump implored then–DHS Secretary Kirstjen Nielsen to ban migrants from seeking asylum.

It is abundantly clear, then, that the Trump administration’s fanatical opposition to illegal immigration is not rooted in a commitment to upholding U.S. law but rather in some other concern it does not wish to speak in public.

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

Duh!

Like policies driven by White Nationalism and racism.  Or, maybe “malicious incompetence.” That’s why it’s important for Dems not to be hoodwinked into abandoning or wrongly watering down (under the guise of a bogus “compromise”) the laws that offer refugees and migrants at least some legal protections in response to Trump’s self-created crisis that doesn’t threaten U.S. security but does threaten the lives and rights of refugees and other migrants.

Indeed, the best short-term solution to the Southern Border would be to work in a competent, cooperative, and good faith manner to fairly administer the asylum and other protection laws that we currently have on the books.

But, a fair and efficient administration of the laws already on the books undoubtedly would result in more refugees from Central America (and elsewhere) being granted asylum or some other form of protection. And, since that could be done by adjudication and judicial officials, the Border Patrol could go back to protecting the borders from real threats.

But, that’s the result that Trump and his White Nationalist cronies don’t want. That’s why they are working so hard to make the mess worse while shifting blame to the victims. Pretty much the definition of official bullying and cowardice.

PWS

04-19-19

FOR THOSE WITH SIRIUSXM RADIO ACCESS: Listen To My Commentary On Matter of M-S- On The Dan Abrams Show On “POTUS Channel” For April 17, 2019 — Available “On Demand” On The SiriusXM App!

About Dan’s Show “”The Dan Abrams Show: Where Politics Meets The Law” on “POTUS Channel” on SiriusXM —

NEWS RELEASE
Dan Abrams, ABC News’ Chief Legal Analyst and Host of A&E’s “Live PD,” to Anchor Weekday Show Exclusively for SiriusXM
10/25/2018
“The Dan Abrams Show: Where Politics Meets The Law” will premiere on SiriusXM P.O.T.U.S. channel on October 29 NEW YORK, Oct. 25, 2018 /PRNewswire/ — Today SiriusXM announced that Dan Abrams will host an exclusive SiriusXM radio show starting October 29. “The Dan Abrams Show: Where Politics Meets The Law” will air live on weekdays on P.O.T.U.S. channel 124 at 2:00 p.m. ET.
On his new show, Abrams will analyze the biggest news stories of the day from a legal perspective. With so much of today’s breaking political news having a legal component, Abrams will delve into the issues with a team of specialists, including former federal prosecutors and other high-prole experts. The program will also feature one- on-one interviews with top newsmakers, panel discussions, and listener calls.
The addition of Dan Abrams to SiriusXM P.O.T.U.S. further positions the channel as a top source for political news, analysis, and discussion.
“The legal side of news stories is more important and prominent than ever,” said Abrams. “I’m thrilled to have this opportunity on SiriusXM to really dig in and separate the legal realities from the wishful spin for listeners and people calling in to the show.”
“Dan is the perfect voice to add to our great P.O.T.U.S. lineup,” said Megan Liberman, Senior Vice President of News, Talk, and Entertainment at SiriusXM. “There has never been a more critical time to address the intersection of law and politics, and I can’t think of anyone better to lead that conversation.”
1

Over the course of his career, Abrams has established himself as one of the nation’s top legal analysts, rst covering the O.J. Simpson trial for Court TV and NBC News. Now the Chief Legal Analyst for ABC News, Abrams is well known for his shrewd analysis of legal issues ranging from high-prole criminal trials to the Mueller investigations and the Supreme Court.
Abrams is also the host of A&E’s Live PD, the highest rated live show on all of cable among adults 18-49 and 25-54.
As a media entrepreneur, he created the inuential website Mediaite.com, which chronicles the intersection of media and politics, and founded the popular OTT and linear network Law&Crime, among other projects. His work has been acknowledged with numerous Emmy and Edward R. Murrow Awards, and he has covered nearly every major national legal story of the past two decades. The Duke University and Columbia Law School graduate also recently penned the New York Times bestselling book Lincoln’s Last Trial.
Below is the new SiriusXM P.O.T.U.S. lineup of top non-partisan political news and analysis programs:
The Morning Brieng with Tim Farley, 6:00 – 9:00 a.m. ET The Michael Smerconish Program, 9:00 a.m. – 12:00 p.m. ET Let’s Get After It with Chris Cuomo, 12:00 – 2:00 p.m. ET The Dan Abrams Show, 2:00 – 3:00 p.m.
Press Pool with Julie Mason, 3:00 – 6:00 p.m.
The Big Picture with Olivier Knox, 6:00 – 7:00 p.m.
In addition to listening to “The Dan Abrams Show: Where Politics Meets The Law” on channel 124, SiriusXM subscribers with streaming access can hear the program on a wide variety of connected devices including smart TVs, Amazon Alexa devices, Apple TV, Sony PlayStation, Roku, Sonos speakers and more. Go
to www.SiriusXM.com/AtHome to learn more.
About SiriusXM

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

Check it out on your Sirius XM App, POTUS Channel, On Demand!

PWS

04-18-19

EUGENE ROBINSON @ WASHPOST: Trump’s Invented Border Crisis Channels Jim Crow: “The real crisis is that we have a president who wants to put up a “No Vacancies” sign for nonwhite immigrants — just like the “No Coloreds” signs I used to see in the Jim Crow South.”

https://www.washingtonpost.com/opinions/trump-invented-an-immigration-crisis-to-further-his-most-consistent-goal/2019/04/15/b2049ba0-5fbd-11e9-9ff2-abc984dc9eec_story.html

The Trump administration has manufactured and exacerbated an immigration “crisis” to further the president’s most consistent goal: to Make America White Again.

Tens of thousands of Central American asylum seekers, even hundreds of thousands, do not constitute a serious crisis — not for a continent-spanning nation of 330 million, a nation built through successive waves of immigration. The migrants have severely taxed and at times overwhelmed the systems at the border that must process and adjudicate their claims for refuge, but this is a simple matter of resources. We need more border agents, more immigration judges, more housing.

President Trump, however, treats the migrant surge like an existential threat. “We can’t take you anymore. We can’t take you. Our country is full,” he said this month at the border in California. But, of course, our vast nation is anything but full. Instead of “can’t,” what Trump really means is “won’t.”

On almost any issue you can think of, Trump is all over the map. But there is one position on which he has never wavered: antipathy toward nonwhite immigration. From his campaign charge that Mexican immigrants are “rapists,” to his fruitless quest to get funding for a border wall, to his gratuitously cruel policy of family separations, to his declaration of a national emergency, Trump has left not an iota of doubt about how he feels.

To be sure, sometimes the president uses anti-immigration rhetoric to inflame his base. But unlike with other issues, Trump seems actually to believe his demagoguery about would-be Latino migrants.

The administration acts as if it considers the asylum seekers to be less than human. What other conclusion can be drawn, after thousands of young children were taken from their parents and shipped to detention centers far away, as a deterrent to others who might seek entry? How else can anyone characterize the notion — now under active consideration, according to the White House — of transporting migrants hundreds or thousands of miles, not out of necessity but simply so they can be released in “sanctuary cities” and the districts of Trump’s political opponents?

Trump threatened to close the border. Here’s what could happen if he did

President Trump has pivoted from closing the southern border to imposing new tariffs on Mexico. But who will be the most affected?

That last Bond-villain idea is apparently the brainchild of White House adviser Stephen Miller, who seems to be the closest thing Trump has to an operational chief of staff — someone who shares his vision, however warped, and will move heaven and earth to bring it to life.

Trump has said that the countries from which asylum seekers and economic migrants are fleeing are not sending “their best” people, and that entry should be based on “merit,” not on family connections. That would be a complete departure from the immigration policies that allowed Trump’s and Miller’s forebears to come to this country, but it sounds debatable — until you take into account Trump’s other remarks. He has reportedly disparaged nonwhite countries with a vulgar epithet and expressed a preference for immigrants from places like Norway, which happens to be one of the whitest countries on the planet. In the context of immigration policy, he has regaled crowds with the story — likely apocryphal — of his friend “Jim,” who used to go to Paris all the time but doesn’t anymore because “Paris is no longer Paris.”

Trump isn’t talking about gridlocked traffic on the Boulevard Peripherique. He’s talking about the black and brown immigrants who are changing the city’s complexion.

He might at least feign compassion for men, women and children who risk their lives to flee deadly violence at home. Instead, Trump cut off aid to Guatemala, Honduras and El Salvador, the countries from which most of the asylum seekers are coming. He does not comfort or embrace. He seeks only to punish.

The real crisis is that we have a president who wants to put up a “No Vacancies” sign for nonwhite immigrants — just like the “No Coloreds” signs I used to see in the Jim Crow South.

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

Yup!

MAWA can’t possibly work.  But, it could destroy America!

PWS

04-18-19

9TH CIR. TEMPORARILY STAYS ORDER BARRING “REMAIN IN MEXICO”

https://www.nytimes.com/2019/04/12/us/trump-asylum-seekers-mexico.html?smid=nytcore-ios-share

Mihir Zaveri reports for the NY Times:

A federal appeals court said Friday that the Trump administration could temporarily continue to force migrants seeking asylum in the United States to wait in Mexico while their cases are decided.

A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a stay of a lower-court ruling four days earlier that blocked the administration’s protocol. The appeals court will consider next week whether to extend that stay — and allow the Trump administration policy to remain in effect for longer.

The administration in December announced its new policy, called the migration protection protocols, arguing that it would help stop people from using the asylum process to enter the country and remain there illegally. President Trump has long been angered by so-called catch and release policies, under which asylum seekers are temporarily allowed in the United States while they wait for their court hearings.

On Monday, Judge Richard Seeborg of the United States District Court for the Northern District of California issued an injunction against Mr. Trump’s new protocols, saying that the president did not have the power to enforce them and that they violated immigration laws.

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

No dull moments. Stay tuned.

PWS

04-13-19

 

MOLLY HENNESSEY-FISKE @ LA TIMES: As DHS Disintegrates Under Trump, Volunteers Pick Up The Pieces & Save Lives!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=c0589a9f-92f8-4e10-98e2-b19dd6e8d7ee

By Molly Hennessy-Fiske

McALLEN, Texas — Federal immigration officials dropped the first group of several dozen asylum seekers — all Central American parents with children — at the downtown bus station early in the day.

They dropped more throughout the day, all of them Spanish speakers in need of food, medicine and guidance from volunteers.

Jose Manuel Velasquez, 24, cradled his squirming 3-year-old-daughter, Sofia, as volunteer Susan Law advised him how to reach Oklahoma City, where he hoped to join his cousin. He was one of thousands of asylum seekers trying to leave the border region this week to reach friends, family and immigration court hearings in other parts of the country.

Ahead of President Trump’s Friday visit to California,volunteers along the border helped hundreds of asylum seekers who had been released from U.S. custody. Cities are pitching in, but helping the migrants has mainly fallen to volunteers whose resources were already at a breaking point from responding to a slew of new immigration policies.

On Thursday in McAllen, the U.S. released 700 migrants to crowded nonprofit shelters and dropped others at the bus station. Some arrived at the station with confirmation numbers to claim tickets paid for by relatives. Many arrived confused.

Law, a volunteer with the group Angry Tias and Abuelas of the Rio Grande Valley, said the constant arrivals this week made volunteers’ work “more overwhelming.”

The 73-year-old, a retired human resources director for Texas RioGrande Legal Aid, sat with one parent after another Thursday. She explained each step of their bus trip, highlighting connections on a stack of maps.

She reviewed their paperwork, reminded them to keep their addresses updated and attend immigration court, and shared lists of free legal services at their destinations.

Many eastbound buses arriving in McAllen on Thursday were already packed with those released in El Paso and San Antonio. The wait time for migrants released to shelters to make it onto a bus has stretched to two days, according to Eli Fernandez, a volunteer at a nonprofit shelter.

Migrant advocates have suggested that recent mass releases at the border were intended to create chaos and give Trump something to point to when he argues that there is a national emergency.

Border Patrol officials have said their resources were strained by people crossing into the U.S. and asking for asylum. The officials have asked for millions more in funding to run temporary holding areas in Texas’ Rio Grande Valley.

A Federal Emergency Management Agency team arrived in the valley this week, meant to support Border Patrol operations and nongovernmental groups, a FEMA spokeswoman said. But many volunteers said they hadn’t been contacted by the agency.

Trump policies blocking asylum seekers led volunteers to found Angry Tias and Abuelas about a year ago, after U.S. officials blocked asylum seekers at a border bridge south of McAllen. They brought food and supplies to the bridge and kept helping migrant families once Border Patrol started separating them. As immigrant parents were released, the volunteers shifted to the bus station to assist Catholic Charities, which runs a nearby shelter.

Most volunteers in Angry Tias and Abuelas are local, some are winter Texans, and others out-of-state visitors.

Luis Guerrero, a retired firefighter, remembers a 4-year-old Salvadoran girl explaining why she and her parents had to flee to the U.S.: Armed men had broken into their house and demanded money. “If you stay here,” Guerrero told the couple, “make sure your daughter gets therapy.”

Many of the migrants are from poor, rural areas and need the most basic help, volunteers said.

A young Honduran mother paid attention Thursday as Law traced the route she would follow to join her sister, a legal resident who migrated years ago and settled in Memphis, Tenn. Olga Lara had brought her 3-year-old, Alva, but left her 13-year-old daughter, Lilia, in Honduras with Lara’s mother.

Lara, 29, said she hoped to learn to read, as her sister had, in the U.S. She doesn’t know how to spell her name. She has never attended school, she said, because her family couldn’t afford it.

Law ensured the woman was traveling with another migrant who could read, write and look out for her. Law also warned Lara and other female migrants about the risk of trafficking, advising them to stay in main bus terminals and avoid anyone who might try to persuade them to leave.

Lara tucked her ticket into her bra and her paperwork into a bag next to Alva’s Elmo doll. She was wearing a donated puffy jacket and sneakers that were stripped of shoelaces while she was in Border Patrol detention. Law ran to grab her some of the laces she keeps stashed at the bus station. Lara threaded them through her shoes and thanked the volunteer.

On Thursday, good Samaritans from local churches dropped by with books, toys and hot breakfast tacos for the migrants. But there were not enough tacos to go around. A van from the nearby shelter was delayed when it ran out of gas. A few families boarded buses without eating.

Volunteer Roland Garcia, a former U.S. Marine, loaned his cellphone to a single Salvadoran mother of three, a domestic violence victim, so she could contact family in Houston and book her bus ticket.

“If we could just get more volunteers to help these people,” he said. “To them, everything is new. Some of them don’t even know how to work the Coke machine.”

Garcia, 60, who used to be a truck driver, started volunteering after he ducked into the bus station a few months ago to wait during a delivery and saw the crowds. He had been diagnosed with stage 4 pancreatic cancer and felt the need to do something meaningful. He’s already recruited other volunteers.

His friend Rafael Mendoza said volunteers counter misinformation some asylum-seeking families receive from staff in Border Patrol facilities: “You’re wasting your time, you’re going to lose your case, you’re not welcome here.”

“Our own agents are telling them that,” said Mendoza, 59. “It’s very discouraging.”

The Catholic Charities shelter was packed Thursday, even after opening a second site when the Border Patrol started releasing large groups of families two weeks ago. The shelter’s halls were full of parents with small children who had not bathed in days while being held in chilly Border Patrol cells, where they said they caught colds.

Honduran Eulogio Erazo Varela said his 3-year-old daughter developed a fever while they were held for almost a week, first in a Border Patrol cell — what migrants call a hielera, or icebox — then behind a chain-link fence in a converted warehouse.

He was relieved to meet volunteers at the bus station Thursday. He said they treated him kindly as he prepared to catch a bus to Memphis — unlike Border Patrol agents, he said, who didn’t provide much treatment or help.

Many of the volunteers, including Law, had caught the migrants’ colds. But they were determined to keep helping. Law has driven a few migrants whose families could afford tickets to the airport, and hoped to recruit more volunteer escorts to help them navigate air travel in coming weeks.

Law recalled a migrant mother she met Wednesday, confused by her bus itinerary until the volunteer walked her through it in Spanish. Afterward, the woman said she would have been lost without Law’s help.

“That’s what keeps me going,” Law said.

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

Ironically, government by the worst among us (“kakistocracy”) is bringing out the best in many others. Along with the efforts of the “New Due Process Army,” it’s certainly reason to hope for a better future for America and for mankind!

PWS

04-07-19

 

TRUMP’S MALICIOUS INCOMPETENCE IS THE REAL “SOUTHERN BORDER CRISIS” — AND, A GENUINE HUMAN TRAGEDY — The Legal Tools To Address The Crisis In The Northern Triangle Causing A Refugee Flow Exist; This Administration Stubbornly Refuses To Use Them!

TRUMP’S MALICIOUS INCOMPETENCE IS THE REAL “SOUTHERN BORDER CRISIS” — AND, A GENUINE HUMAN TRAGEDY — The Legal Tools To Address The Crisis In The Northern Triangle Causing A Refugee Flow Exist; This Administration Stubbornly Refuses To Use Them!

By Paul Wickham Schmidt

United States Immigration Judges (Retired)

In short, families are coming to ports of entry and crossing the border to turn themselves in to be screened for credible fear and apply for asylum under our existing laws. That’s not a “border crisis;” it’s a humanitarian tragedy. It won’t be solved by more law enforcement or harsher measures; we’re actually quite fortunate that folks still believe in the system enough to voluntarily subject themselves to it.

Most don’t present any particular “danger” to the U.S. They are just trying to apply for legal protection under our laws. That’s something that has been denied them abroad because we don’t have a refugee program for the Northern Triangle. This Administration actually eliminated the already inadequate one we had under Obama.

Certainly, we have enough intelligence to know that these flows were coming. They aren’t secret. There was plenty of time to plan.

What could and should have been done is to increase the number of Asylum Officers and POE Inspectors by hiring retired Asylum Officers, Inspectors, adjudicators, and temps from the NGO sector who worked in the refugee field, but no longer have anything to do overseas since this Administration has basically dismantled the overseas refugee program.

A more competent DOJ could also have developed a corps of retired Immigration Judges (and perhaps other types of retired judges who could do bond setting and other functions common to many judicial systems) who already “know the ropes” and could have volunteered to go to the border and other places with overloads.

Also, working closely with and coordinating with the NGOs and the pro bono bar would have helped the credible fear process to go faster, be fairer, the Immigration Courts to function more fairly and efficiently, and would have screened out some of the “non viable” cases.

For some, staying in Mexico is probably a better and safer option, but folks don’t understand. Pro bono counsel can, and do, explain that.

By treating it as a humanitarian tragedy, which it is, rather than a “fake law enforcement crisis,” the Administration could have united the private sector, border states, communities, and Congress in supporting the effort; instead they sowed division, opposition, and unnecessary litigation. I’m actually sure that most of the teams of brilliant “Big Law” lawyers helping “Our Gang of Retired Judges” and other to file amicus briefs pro bono would just as soon be working on helping individuals through the system.

A timely, orderly, and fair system for screening, adjudicating, and recognizing refugee rights under our existing laws would have allowed the Administration to channel arrivals to various ports of entry.

I think that the result of such a system would have been that most families would have passed credible fear and the majority of those would have been granted asylum, withholding, or CAT.

Certainly, others think the result would have been mostly rejections (But, I note even in the “Trump Era” merits approval rates for Northern Triangle countries are in the 18-23% range — by no means an insignificant success rate). But, assuming “the rejectionists” are right, then they have the “timely rejection deterrent” that they so desire without stomping on anyone’s rights. (Although my experience over decades has been that rejections, detention, prosecutions, and harsh rhetoric are ineffective as deterrents).

No matter who is right about the ultimate results of fair asylum adjudication, under my system the Border Patrol could go back to their job of tracking down smugglers, drug traffickers, criminals, and the few suspected terrorists who seek to cross the border. While this might not satisfy anyone’s political agenda, it would be an effective and efficient use of law enforcement resources and sound administration of migrant protection and immigration laws. That’s certainly not what’s happening now.

PWS

04-06-19

TED HESSON @ POLITICO: What’s REALLY Happening At The Border — Not Surprisingly, It Bears Little Resemblance To Trump’s Largely False & Contrived “Panic Narratives” — Rep. Veronica Escobar (D-TX) Says: “In my community when these families are released, the community … scrambles and works hard to create hospitality centers, to feed these people, to help get them to their final destination. If we can do it with a fraction of the resources and power of the federal government, surely DHS can find a better solution.”

https://politi.co/2FtPtru

Ted Hesson, Immigration, Pro — Staff mugshots photographed Feb. 20, 2018. (M. Scott Mahaskey/Politico)

Ted Hesson reports for Politico:

The border crisis that President Donald Trump used to justify declaring a national emergency was never real, but a different crisis at the border is now starting to escalate as immigration officials hold hundreds of parents and children in makeshift facilities, including a parking lot.

During a press conference in El Paso, Texas, Customs and Border Protection Commissioner Kevin McAleenan argued Wednesday that a surge of incoming Central American migrants has pushed the U.S. immigration system to a “breaking point” and that all available resources should be devoted to manage it.

Rep. Veronica Escobar (D-Texas), a freshman lawmaker who represents El Paso, fumed Thursday over the border situation — which she also described as a crisis — during an interview after leaving the House floor.

“They knew that the numbers would increase,” she said. “Why were they not planning?”

Here’s what’s really happening now at the border:

The president’s frequent claims that unprecedented numbers of undocumented migrants are streaming into the country remain untrue. (Twice as many came during the 1990s and early 2000s.) And President Trump’s caricature of border-crossers as violent criminals is still belied by study after study showing that immigrants in general, and undocumented immigrants in particular, commit fewer crimes than the native-born.

“We have a capacity crisis, if you want to think of it that way,” Rep. David Schweikert (R-Ariz.) told POLITICO. “We don’t have capacity to deal with the populations that they’re getting at the border right now.”

Border Patrol anticipates that it will apprehend more than 55,000 family members in March, by far the highest monthly total since such record-keeping began in fiscal year 2012. The warmer spring and summer months ahead will likely bring even higher numbers.

The adult men from Mexico who a decade ago constituted most border migrants were able to be returned more swiftly, often simply by walking them across the border. While they were detained, the men required comparatively little in the way of social or medical services.

Furthermore, a 2008 federal law and related bilateral agreement allowed the U.S. to repatriate Mexican unaccompanied minors rapidly. The law, called the Trafficking Victims Protection Reauthorization Act, does not similarly authorize quick deportation for children from Central America.

By contrast, the greater volume of children among the new Central American migrants imposes on immigration agencies a need for more psychologists, nutritionists, educators and a host of others. Border officials contend that with the rise in families and children, more migrants have health issues than in the past.

Federal court orders in recent years have limited to 20 days the time children can be kept in detention, which means border agents often must release families into the interior. Such releases speed up processing, but demoralize agents and may encourage more migration, McAleenan argued.

The current migratory flow is also different because of the greater proportion of asylum applications at the border in recent years. Central American families arriving at the border frequently seek such refuge, which puts them into an immigration process that can take years to resolve.

The Trump administration argues that the asylum claims largely lack merit, but immigration court statistics don’t back that up. Roughly 25 percent of defensive asylum applications were approved by an immigration judge in fiscal year 2017, with 41 percent denied and 34 percent resolved in another manner, such as a withdrawn application.

Still, immigration hard-liners contend that lax asylum laws have been a magnet for Central Americans.

Mark Krikorian, director of the restrictionist Center for Immigration Studies, compared the current influx at the border to Europe’s migratory surge in 2015.

“We are seeing an Angela Merkel-style disaster on the border caused by loopholes in our laws that the Democrats refuse to even consider changing,” he said.

Democrats and advocates argue that the Trump administration’s response has exacerbated problems at the border.

Administration officials have known for months — arguably years — that more migrant families could trek to the United States, yet they appear to have been caught flat-footed.

During McAleenan’s press conference in El Paso Wednesday, reporters observed hundreds of parents and children held in a parking lot converted into a makeshift detention center.

“That’s their solution? That’s not a solution,” Escobar said. “In my community when these families are released, the community … scrambles and works hard to create hospitality centers, to feed these people, to help get them to their final destination. If we can do it with a fraction of the resources and power of the federal government, surely DHS can find a better solution.”

“They’ve been acting and responding in the same way over the last five years despite the change in the migration pattern,” she said.

The spending package approved by Congress in February included $192 million to construct a large processing center for migrant families in El Paso. The facility will house multiple agencies that deal with families in one building, but will take six months to a year to become functional, according to Escobar.

In the meantime, the Texas Democrat argues that if Trump truly deems immigration a national emergency, he should work harder to house and care for incoming migrants, perhaps with Federal Emergency Management Agency trailers or Red Cross assistance.

Under a January 2017 Trump executive order, federal immigration officials remain tasked with arresting and detaining as many migrants as possible, without a system of prioritization. Advocates contend the enforcement push has sapped resources that could be used to address the care and custody of newly arrived migrant families.

“They just detain any grandpa or mom that they find in the interior and they don’t prioritize who they should be putting in detention,” said Kerri Talbot, a director with the Washington, D.C.-based Immigration Hub. “They don’t need any more money, they need a new strategy.”

Under its “zero tolerance” strategy, the Trump administration sought to prosecute all suspect border crossers for illegal entry. Children couldn’t travel with their parents to criminal detention facilities, so they were reclassified as “unaccompanied” and transferred to the custody of the Health and Human Services Department. Thousands of families were split apart from April until June, only to see Trump reverse the policy and a federal judge order families reunited.

The administration also has sought to keep asylum-seeking migrants in Mexico for longer periods of time.

Using a practice known as “metering,” border officials have forced families to wait in Mexico, only accepting a certain number of asylum applicants at ports of entry each day.

“They’re afraid of waiting in Mexico until they can get in at the port,” said Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Center. “They’re balancing that against their desire to do it legally. And I definitely think its emboldening the smugglers to go to those who are waiting.”

McAleenan acknowledged during a December Senate committee hearing that metering could lead to an increase in the number of people attempting to cross the border illegally, saying it’s “certainly a concern.”

Still, the Trump administration has moved forward with a separate policy to keep asylum seekers in Mexico for extended periods of time.

The administration’s “remain in Mexico” policy — announced in late December and now implemented in several areas along the border — forces certain non-Mexican asylum seekers to wait in Mexico during the duration of an asylum case.

At the same time, the administration has moved slowly to disperse funding to address root causes of migration in El Salvador, Guatemala and Honduras.

POLITICO reported this week that hundreds of millions in aid dollars remain stalled at the White House budget office as aides wonder how seriously to take Trump’s threats to cut the funding.

“Mexico is doing NOTHING to help stop the flow of illegal immigrants to our Country. They are all talk and no action,“ Trump tweeted Thursday. “Likewise, Honduras, Guatemala and El Salvador have taken our money for years, and do Nothing. The Dems don’t care, such BAD laws. May close the Southern Border!“

Trump’s unwise threat to “close” the Southern Border could turn a humanitarian situation into a self-created international crisis. And, Trump continues to be the “best friend” of smugglers, cartels, and gangs.
There is a clear and present threat to our national security. It’s not desperate refugees (mostly women, children, and families) seeking to exercise their legal rights; unfortunately, it’s our President.
PWS
03-31-19

PREDICTABLE YET REPREHENSIBLE: Nielsen Proposes War On Children To Cover Up Administration’s Cruelty, Incompetence, and Scofflaw Conduct — Idiotic Proposal Likely To Be DOA In House!

jhttps://www.nbcnews.com/politics/immigration/dhs-ask-congress-sweeping-authority-deport-unaccompanied-migrant-children-n988651

Julia Ainsley

Julia Edwards Ainsley reports for NBC News:

WASHINGTON — Department of Homeland Security Secretary Kirstjen Nielsen will ask Congress for the authority to deport unaccompanied migrant children more quickly, to hold families seeking asylum in detention until their cases are decided and to allow immigrants to apply for asylum from their home countries, according to a copy of the request obtained by NBC News.

In a letter to Congress, Nielsen said she will be seeking a legislative proposal in the coming days to address what she called the “root causes of the emergency” that has led to a spike in border crossingsin recent weeks. The letter has not yet been sent.

The legislative proposal would have to clear the Democratic-controlled House of Representatives, which is likely to respond with strong opposition.

Click here to read Nielsen’s letter

Since February, Customs and Border Protection has seen a jump in the number of undocumented immigrants attempting to cross the border each day.

Daily border crossings have recently hit a 13-year high, leading immigration agents to release immigrants from their custody rather than transferring them to prolonged detention. The influx has left many charities in the U.S. and Mexico scrambling to provide care and has left many asylum seekers waiting in dangerous areas without shelter on the southern side of the border.

Under current law, children who enter from non-contiguous countries, which effectively means children from Central America, are transferred to the custody of the Department of Health and Human Services, which works to reunite them with a relative or sponsor in the United States. And under a federal court agreement, immigrant families with children cannot be detained longer than 20 days. The Trump administration has previously tried to reverse the court decision through executive action, but has so far been unsuccessful.

In the letter, Nielsen makes the case that the law’s limitations on DHS’s ability to deport migrant children is serving as “another dangerous ‘pull’ factor.”

“The result is that hundreds of Central American children come into our custody each day, await transfer to (Health and Human Services) care, and, ultimately are placed with a sponsor in the United States,” Nielsen said in the letter, which is expected to be sent to members of Congress on Thursday night.

The letter also indicates that the Trump administration will be requesting emergency funds to deal with the migrant flow, including what Nielsen predicts to be thousands of shelter beds for unaccompanied migrant children.

Image: Kirstjen Nielsen
Kirstjen Nielsen, from center, Secretary of the Department of Homeland Security, tours the border area with San Diego Section Border Patrol Chief Rodney Scott at Borderfield State Park along the United States-Mexico Border fence in San Ysidro, California on Nov. 20, 2018.Sandy Huffaker / AFP – Getty Images file

HHS, the agency responsible for sheltering children who arrive at the border without a parent, “is still approaching its maximum capacity and will very likely require thousands of additional beds in the coming weeks and months,” the letter said.

Nielsen said in the letter that the exact dollar amount of the request is still being worked out with the Office of Management and Budget, but a senior administration official told NBC News the request is likely to be in the hundreds of thousands of dollars.

The funding would also cover more medical teams and vehicles to transport immigrants, following the deaths of immigrants in the custody of CBP agents who were not able to provide care in time.

Why not rehire retired Asylum Officers, Refugee Officers, and other retired personal at the USCIS Office of International Operations? Why not use VOLAGS involved in overseas refugee processing who now under Trump’s destruction of refugee programs have nothing to do overseas? Why not ask for processing help from the UNHCR? Why not use some of the bloated DHS enforcement and detention budgets to hire temporary Asylum Officers from the private sector? Why not offer grants to Catholic Conference, LIRS, HIAS and other experienced refugee resettlement agencies to aid in temporary placement of those who pass credible fear? Why not beef up accreditation programs for non-attorney representatives working for charitable organization to meet representation needs? Why not simply recognize gender-based persecution as a subset of “particular social group” rather than forcing slow and intensive re-litigation of gender-based issues in ever case with inconsistent results and no guidance for parties or adjudicators.
There are lots of things a competent Administration dedicated to fairly administering refugee and asylum laws could do to handle this humanitarian situation. But, that won’t happen without “regime change” and removal of the Kakistocracy.
Indeed, the most likely outcome of the Trump Admonistration’s “malicious incompetence” will be complete loss of faith in our legal system. Folks will do what they have to do to save their lives — even if it means abandoning a system that has betrayed Due Process and fundamental fairness.
Then, we finally will have a Trump-caused “law enforcement crisis.” While the presence of more refugees in the U.S. presents more of an opportunity than a security problem, the disappearance of our Constitutional protections and intentional destruction of our legal system will be a lasting problem for all of us.
PWS
03-28-19

“DUE PROCESS FOREVER, XENOPHOBIA NEVER!” — Here’s An Inspirational Creation By The Courageous Students Of Professor Claire Thomas Of NY Law School, Stalwart Members Of The New Due Process Army!

This is derived from the closing lines of my speech to the 2019 FBA New York Asylum and Immigration Law Conference at NY Law School last Friday, March 8!

“Practicing what they preach,” Professor Claire Thomas of NY Law School and her courageous, smart, and dedicated students are now at the Southern Border saving lives and making a historical record of the cruel, ineffective, illegal, and bias-driven policies of the Trump Administration.

Thanks again to Professor Thomas, who was also one of the primary organizers of the “sold-out” Conference, and her inspiring students for all they are doing to preserve America and our system of justice against the attacks on the rule of law, our Constitution, and simple human decency by the scofflaw and incompetent Trump Administration.

Here’s the amazing Professor Thomas:

 

Due Process Forever, Xenophobia Never!

PWS

03-11-19

TWO LA TIMES EDITORIALS “SPOT ON” IN CALLING OUT TRUMP’S FAILED BORDER POLICIES, BOGUS EMERGENCY, & ABUSE OF IMMIGRATION ENFORCEMENT AUTHORITY!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=d85e48a2-1a59-4182-854b-dfd9a146177c

TThe numbers are sobering. The federal government reported Tuesday that immigration agents apprehended 76,000 people — most of them families or unaccompanied minors — at the U.S.-Mexico border in February, twice the level of the previous year and the highest for February in 11 years. The increase continues a trend that began in the fall, and offers direct evidence that President Trump’s strategy of maximal enforcement at the border is not reducing the flow of migrants.

And no, the answer is not “a big, beautiful wall.” Most of those apprehended weren’t trying to sneak past border agents; instead, they sought out agents once they reached the border and turned themselves in, hoping to receive permission to stay.

Furthermore, the situation isn’t a national security emergency, as he has declared in an effort to spend more on his border wall than Congress provided. It’s a complex humanitarian crisis that appears to be worsening, and it’s going to take creative analytical minds to address.

For instance, the vast majority of the families flowing north in recent months come from poor regions of Guatemala, where food insecurity and local conflicts over land rights and environmental protections are pushing more people off their farms and into even deeper poverty, according to human rights observers and U.S. Customs and Border Protection. Just months earlier, gang violence in urbanized areas were pushing people north to the United States; increasingly now, it’s economics.

But Trump’s rhetoric may be playing a role too. The more he threatens draconian enforcement and cutbacks in legal immigration, the more people contemplating moving north are pushed to go sooner, before it gets even harder to reach the U.S. Similarly, more migrants are arriving at more treacherous and remote stretches of the border to avoid getting stuck in Tijuana or other border cities where the U.S. government has reduced the number of asylum seekers it will allow in, claiming an inability to process the requests.

The system is overwhelmed. But the solution isn’t to build a wall, incarcerate more people, separate children from their parents or deny people their legal right to seek asylum. The solution is to improve the efficiency and capacity of the system to deal with the changed migrant demographics. A decade ago, about 1 in 100 border crossers was an unaccompanied minor or asylum seeker; now about a third are.

More judges and support staffs are necessary for the immigration court system, as the Trump administration has sought from Congress. Yet the case backlog there has continued to grow — in part because the increase in enforcement actions, in part because the Justice Department ordered the courts to reopen cases that had been closed administratively without deportations, often because the migrant was in the process of obtaining a visa. A faster and fair process would give those deserving asylum the answer they need sooner, cutting back on the years they spend in limbo, while no longer incentivizing those unqualified for asylum to try anyway.

The Migration Policy Institute, a think tank, has suggested one partial fix. Currently, migrants claiming asylum have a near-immediate initial “credible fear” hearing with an asylum officer from U.S. Citizenship and Immigration Services, who determines whether the migrant has a significant potential to make a successful asylum claim. Most migrants pass that low threshold and are then directed to the immigration courts to make the formal case, a more involved process that can take years. Keeping those cases within the citizenship and immigration branch for an administrative hearing instead of sending them to immigration court could lead to faster decisions for the deserving at a lower cost — a single asylum agent is cheaper than a court staff — while preserving legal rights by giving those denied asylum a chance to appeal to the immigration courts. That’s a process worth contemplating.

More fundamentally, the current system hasn’t worked for years, and under Trump’s enforcement strategy it has gotten worse. It’s a big ask, but Congress and the president need to work together to develop a more capable system that manages the many different aspects of immigration in the best interests of the nation while accommodating the rights of the persecuted to seek asylum.

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=1cbd9b3d-f2d0-4249-b602-37223ff3f407

The U.S. government is reportedly compiling dossiers on journalists, lawyers and activists at the border.

ASan Diego television station recently obtained some troubling documents that seem to show that the U.S. government, working with Mexican officials under a program called Operation Secure Line, has created and shared dossiers on journalists, immigrant rights lawyers and activists covering or involved with the so-called caravans of migrants moving from Central America to the U.S.-Mexico border.

Worse yet, the government then detained some of these people for questioning (one photojournalist was held for 13 hours), barred some of them from crossing the border and interfered with their legitimate efforts to do their jobs. NBC 7 also received a copy of a purported government dossier on lawyer Nicole Ramos, refugee program director for a migrant rights group, that included a description of her car, her mother’s name, and details on her work and travel history. That’s not border security, that’s an intelligence operation and, as the American Civil Liberties Union pointed out, “an outrageous violation of the First Amendment.”

The ACLU noted correctly that it is impermissible for the government to use “the pretext of the border to target activists critical of its policies, lawyers providing legal representation, or journalists simply doing their jobs.”

It’s unclear when the intelligence gathering began, or how widespread it is, but the Committee to Protect Journalists reported in October that U.S. border agents, using the broad power the law gives them to question people entering the country, seemingly singled out journalists for in-depth examinations, including searching their phones, laptops and cameras — all without warrants, because they’re generally not required at the border. These are troubling developments deserving of close scrutiny by Congress and, if warranted, the courts.

The Department of Homeland Security is responsible for controlling the flow of people across U.S. borders and has broad and court-recognized authority to search for contraband. But the government should not use that authority as a pretext to try to gain information to which it would not otherwise be entitled. And it certainly doesn’t give it a framework for harassing or maintaining secret files on journalists, lawyers and activists who are covering, representing or working with activists.

Homeland Security defended the targeting by linking the intelligence operation to the agency’s investigation of efforts this winter by some Central American migrants to cross the wall near San Ysidro, Calif. It said also that all the people entered into the database had witnessed border violence. That sounds an awful lot like a criminal investigation, not a border security operation.

The name of the report leaked to NBC 7 was “Migrant Caravan FY-2019: Suspected Organizers, Coordinators, Instigators, and Media.” The only thing suspect here is the government’s actions.

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

Unfortunately, the second editorial on the “enemies list” shows why the first one on solving the Central American forced migration issue in a sensible, legal, and humanitarian manner simply isn’t in the cards without “regime change.”

First, the Trump Administration simply lacks the competence, professionalism, and expertise to solve real problems. The absolutely stunning incompetence of Nielsen and the rest of the politicos who supposedly run immigration and national security policy these days was on full display this week. America’s “real” enemies must have been watching with glee at this public demonstration of lack of competence and concern for any of the actual national security issues facing our nation.

Career civil servants who have the knowledge, expertise, motivation, and ability to solve migration problems have been forced out, buried in make-work “hallwalker jobs” deep in the bowls of the bureaucracy, or simply silenced and ignored. The Administration has also declared war on facts, knowledge, human decency and scorns the humanitarian expertise available in the private and NGO sectors.

Second, there is zip motivation within the Trump Kakistocracy to solve to the problem. As long as neo-Nazi Stephen Miller is in charge of immigration policy, we’ll get nothing but White Nationalist, racist nonsense. Miller and the White Nationalist restrictionists (like Trump & Sessions) have no motivation to solve immigration problems in a practical, humane, legal manner.

No, the White Nationalist agenda is to use lies, intentionally false narratives, racial and ethnic stereotypes, bogus statistics, and outright attacks on our legal system to further an agenda of hate, intolerance, and division in America intended to enfranchise a largely White GOP kakistocracy while disenfranchising everyone else. It plays to a certain unhappy and ill-informed political “base” that has enabled a minority who cares not a whit about the common good to seize control of our country.

While the forces of evil, division, and Constitutional nihilism can be resisted in the courts, the press, and now the House of Representatives, the reign of “malicious incompetence” can only be ended at the ballot box. If it doesn’t happen in 2020, and there is certainly no guarantee that it will, it might well be too late for the future of our republic.

PWS

03-07-19

HUMAN RIGHTS FIRST: ADMINISTRATION’S LATEST IMMORAL GIMMICK — A “REGIONAL REPRESSION COMPACT” — FURTHERS PERSECUTION WITHOUT ADDRESSING ROOT CAUSES OF REFUGEE FLOW FROM NORTHERN TRIANGLE!

February 21, 2019

Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis

New York City—In response to today’s announcement that Department of Homeland Security Secretary Kirstjen Nielsen is discussing the development of a regional compact plan with Central American countries in the northern triangle, Human Rights First’s Eleanor Acer issued the following statement:

The so-called compact announced today sounds like a short-sighted and heavy-handed attempt to stop people in desperate need of safety from finding it in the United States, rather than an actual commitment to address underlying human rights violations in the region. It is yet another move from an administration that has spent the past two years dismantling the systems put in place to protect the world’s most vulnerable people.

This announcement does not reflect any commitment to address the actual root causes pushing people to seek protection—political repression, gender-based persecution, brutal murders, and other human rights violations.

The Trump Administration is enlisting the very countries that people are fleeing to prevent the escape of individuals plagued by this persecution and violence. The United States should certainly work with countries in the region to counter and prosecute smugglers and traffickers who prey on migrants and asylum seekers. This plan, however, aims to stop asylum seekers who do not employ smugglers but travel with other people for safety through dangerous territories.

Human Rights First urges the Trump Administration to implement regional strategies that strengthen the rule of law and human rights conditions in Central America, strengthen refugee protection in Mexico and other countries, and stop its efforts to block refugees from asylum in the United States.

For more information or to speak with Acer contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319

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

It’s “Kakistocracy in Action” — malicious incompetence institutionalized. Certainly, Nielsen has to be the worst excuse ever for a DHS Secretary. Indeed, those who actually might threaten our security must be “licking their chops” at her continuous display of idiotic Trump sycophancy and White Nationalist lies and obsessions with bedraggled families seeking refuge while smugglers, drug traffickers, cartels, and gangs reap profits from her failed policies and take delight in her inability and unwillingness to address the real security problems.

While real human rights crises are unfolding, and real human lives are in danger, the Trump Administration dawdles away time and resources on endless “designed to fail” White Nationalist gimmicks that appear intended to enable and encourage persecution rather than addressing the problems that cause forced migration.

The Obama Administration did a genuinely lousy job of addressing the refugee and human rights issues in the Northern Triangle. But, Trump, Nielsen, and McAleenan are making to Obama group look like humanitarian geniuses by comparison.

As the great Casey Stengel once said while attempting to manage the 1962 NY Mets: “Can’t anybody here play this game?” Sadly, in the case of the Trump Administration, the answer is a resounding “No.”

Bad things happen to countries that allow themselves to be run by malicious incompetents (that is, a Kakistocracy).

As I have said before, “We Are diminishing ourselves as a nation, but that won’t stop human migration.”

Join the New Due Process Army and help restore humanity, Due Process, competence, and good government to America before it’s too late!

PWS

03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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

It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

REFUGEES ARRIVE IN INCREASING NUMBERS AS TRUMP’S UNILATERAL “ENFORCEMENT ONLY” POLICIES FAIL: “Deterrents” Don’t Work, But DHS Officials Request More Authority To Abuse Refugees — With An Administration That Refuses To Recognize The Reality Of The Situation In The “Failed States” Of The Northern Triangle & To Work Cooperatively With Refugee NGOs, The International Human Rights Community, & Lawyers, No Solution On Horizon!

https://www.washingtonpost.com/news/national/wp/2019/03/04/feature/after-cold-busy-month-at-border-illegal-crossings-expected-to-surge-again/

Nick Miroff reports for WashPost:

In a dusty lot along the U.S.-Mexico border fence, a single Border Patrol agent was stuck with few options and falling temperatures.

A group of 64 parents and children had waded through a shallow bend in the Rio Grande to turn themselves in to the agent on the U.S. side. He radioed for a van driver, but there were none available. By 2 a.m., the temperature was 44 degrees.

The agent handed out plastic space blankets. The group would have to wait.

Groups like this arrived again and again in February, one of the coldest and busiest months along the southern border in years. U.S. authorities detained more than 70,000 migrants last month, according to preliminary figures, up from 58,000 in January. The majority were Central American parents with children who arrived, again, in unprecedented numbers.

During a month when the border debate was dominated by the fight over President Trump’s push for a wall, unauthorized migration in fiscal 2019 is on pace to reach its highest level in a decade. Department of Homeland Security officials say they expect the influx to swell in March and April, months that historically see large increases in illegal crossings as U.S. seasonal labor demand rises.

Migrant families wait for a Border Patrol van to take them to a holding facility in El Paso on Feb. 22. It was cold and windy that night, so a border agent distributed plastic blankets to the group.

The number of migrants taken into custody last year jumped 39 percent from February to March, and a similar increase this month would push levels to 100,000 detentions or more.

It was a surge in the border numbers in March 2018 that infuriatedPresident Trump and launched his administration’s attempt to deter families by separating children from their parents. Trump stopped the separations six weeks later to quell public outrage. But the controversy the policy generated — and its widely publicized reversal — is now viewed by U.S. agents as the moment that opened the floodgates of family migration even wider, worsening the problem it was meant to fix.

While arrests along the border fell in recent years to their lowest levels in half a century, they are now returning to levels not seen since the George W. Bush administration, driven by the record surge in the arrival of Central American families.

For U.S. border agents, the strain has grown more acute, as they struggle to care for children using an enforcement infrastructure made in an era when the vast majority of migrants were Mexican adults who could be quickly booked and deported. The Central American families — called “give-ups” because they surrender instead of trying to sneak in — have left frustrated U.S. agents viewing their own role as little more than the facilitators for the last stage of the migrants’ journey. They are rescuing families with small children from river currents, irrigation canals, medical emergencies and freezing winter temperatures.

“We’re so cold,” said Marlen Moya, who had left Guatemala with her sons six weeks earlier and crossed the Rio Grande with the group of 64.

Moya’s son Gael, 6, was sick with a fever and moaning, his face streaked with tears. “In Juarez, we were shoved and yelled at,” she said, looking back across the river to Ciudad Juarez, Mexico. “We slept on the street.”

Asked why she didn’t cross during the day, when temperatures were mild, Moya said she worried that Mexican police would stop them. “We’ve already come this far,” she said.

Marlen Moya, who had left Guatemala with her sons six weeks earlier, holds Gael, 6, as they wait along with Anderson, 8. Moya said she fled Guatemala City after being threatened and robbed at gunpoint at her beauty salon.

Much of the attention last fall was focused on caravan groups, mostly from Honduras, as they reached Tijuana, Mexico, not far from San Diego. Then concern shifted to Arizona and New Mexico, where groups of rural Guatemalan families began showing up at remote border outposts. Two Guatemalan children died in December after being taken into U.S. custody, as Homeland Security officials declared a humanitarian and national security crisis.

The border deal Trump and Democrats reached last month includes $415 million to improve detention conditions for migrant families, including funds to potentially open a new processing center in El Paso. But in the meantime, families continue to arrive in groups large and small, in faraway rural areas and right in downtown El Paso.

“The numbers are staggering, and we’re incredibly worried that we will see another huge increase in March,” said a Homeland Security official who spoke on the condition of anonymity to discuss the unpublished figures.

The lone U.S. agent with the group was the only one available along that span. Drug smugglers have been using the groups as a diversion, so the agent couldn’t leave the riverbank.

No vans or buses arrived to pick up the families. Other agents were busy at the nearby processing center because so many groups had arrived in El Paso that night, and still others were at the hospital, where they were helping parents and children receive treatment for severe flu symptoms.

Homeland Security officials have been urging lawmakers to grant them broader powers to detain and quickly deport families in a search for deterrent measures. Their attempts to crack down using executive actions have been blocked repeatedly in federal court.

The migrants travel by van to a holding facility in El Paso.

The Trump administration has begun sending some asylum-seeking Central Americans back to Mexico to wait while their claims are processed, but so far that experiment has been limited to California’s San Ysidro port of entry.

About 150 migrants were sent back across the border in February, according to Mexican authorities, but that is a small fraction of the more than 2,000 unauthorized migrants coming into U.S. custody on an average day.

Homeland Security officials said Friday that the pilot program, which they call Migrant Protection Protocols, will expand to El Paso and potentially other locations in coming weeks, predicting that the number of Central Americans sent back would grow “exponentially.” Some of the cities where they will wait are among the most dangerous in Mexico.

Mexican officials are cooperating by providing general assistance and job placement for those sent back to wait, but privately they have warned the Americans that their capacity to take parents with children is extremely limited, especially families that need welfare assistance and enrollment in already-crowded public schools.

Migrants at the border hold tight to the blankets and move about the area to stay warm while they wait for the van.
. . . .
*************************************
Read the full article at the above link.
As long  as the Trump Administration insists on dealing unilaterally with a humanitarian refugee situation as a fake law enforcement problem, there will be no resolution; just more pain, needless suffering, and scofflaw gimmicks by an inhumane and incompetent Administration.
PWS
03-04-19

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

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Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19

FACTS MATTER: CMS Study Shows Border Is Under Control – But Trump Isn’t! — “[T]he US undocumented population has declined by one million since 2010; illegal entries have plummeted to historic lows; and, in recent years, only one third of newly undocumented residents entered this population by crossing the US-Mexico border.”

itialhttps://mailchi.mp/cmsny/2017-undocumented-decline?e=2d6959cb73

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Data from the Center for Migration Studies
Shows Sharp Multiyear Decline
in Undocumented Immigration

New York, NY – In a paper released today, the Center for Migration Studies of New York (CMS) reports that the US undocumented population has declined by one million since 2010; illegal entries have plummeted to historic lows; and, in recent years, only one third of newly undocumented residents entered this population by crossing the US-Mexico border. The paper, authored by CMS’s senior visiting fellow Robert Warren, includes four graphs that illustrate major demographic trends in the undocumented population since 2000 and a table that provides detailed information about the size and components of undocumented population change annually since 1990. This paper combines CMS data and Department of Homeland Security (DHS) statistics on apprehensions, adjustment of status, and removals, to illustrate major trends in undocumented immigration to the United States since 1990.

Major findings include:

  • Undocumented population growth peaked in 2000, then dropped rapidly from 2000 to 2010; the total population has declined by one million since 2010.
  • The drop in DHS apprehensions at the border mirrored the decline in undocumented population growth, falling from 1.6 million in 2000 to about 300,000 in 2017.
  • Undocumented population growth stopped because undocumented arrivals fell from 1.4 million in 2000 to about 550,000 in 2007 and have since continued at about that level, while the number leaving the undocumented population increased steadily, from 370,000 in 2000 to 770,000 in 2016.
  • From 2010 to 2016, about two-thirds of undocumented arrivals overstayed temporary visas; only one-third entered across the US-Mexico border. Overstays exceeded those who entered without inspection (EWIs) after 2008, not because the overall number of overstays increased (these numbers remained stable), but because EWIs continued to decline.

“Multiyear trends show a dramatic decline in both the undocumented population and undocumented migration to the United States. While there is a need to address the conditions driving asylum-seekers and other migrants to our borders and to make US ports-of-entry more secure, our findings show significant progress at the US-Mexico border, not a national emergency,” said Donald Kerwin, CMS’s executive director.

The report is now available at http://bit.ly/2XqsQMO.

MEDIA CONTACT
Rachel Reyes, Director of Communications
(212) 337-3080 x. 7012
rreyes@cmsny.org

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There is no “Southern Border Crisis” going all the way back into the Obama Administration’s unnecessary “panic approach” starting in the Summer of 2014. There is, however, gross maladministration of the asylum system, the process at legal ports of entry, and the U.S. Immigration Courts.

Not only is “Trump’s Wall” a wasteful and unnecessary piece of restrictionist diversion, it actually fails to address the major source of undocumented migration these days — nonimmigrant visa overstays and other issues at legal ports of entry.

Yet, Trump gets way with spreading false narratives and making up fake statistics to advance his factually unsupportable and dishonest “White Nationalist Agenda.”  Here’s a link to a Newsweek article on Trump’s latest “litany of lies” about Immigration Court including the “Super Whopper” that “only 3% show up for hearings.” https://apple.news/Ak5yRHdLeSc-Qnq-jDR-

Wow,  how does he get away with these total fabrications; the Government’s own statistics actually show that represented asylum applicants show up for hearings at a rate that’s much closer to 100% than 3%! Obviously, the real answer to asylum arrivals at the Southern Border is to get them pro bono lawyers, apply asylum law honestly and without bias, have hearings in a reasonable and timely manner, and let the chips fall where they may.

Most experts believe that under such a system the majority of arrivals from the “Northern Triangle” will qualify for asylum. That’s certainly my experience.

But, since we are not allowing the system work in the fair, impartial, and independent way it was intended, nobody actually knows the answer. Except that we do know that systemic fairness and efficiency could be achieved for less than the billions of dollars that Trump and his supporters are willing to waste on an unnecessary and ineffective “Wall.”

Worse yet, neither GOP legislators nor Trump’s rabid supporters and enablers are willing to “call him out” on his lies. Facts do matter; as long as they are buried beneath Trump’s lies, and as long as a significant portions of the electorate and the legislature remain uninterested in truth and an honest dialogue, we’re going to have difficulty moving forward as a nation.

That’s why we need the energy and dedication of the “New Due Process Army” to keep advancing a vision of a kinder, more decent, more humane, more inclusive America for as long as it takes to realize America’s noble, yet unfulfilled, promise of “liberty and justice for all.”

PWS

03-03-19