🏴‍☠️🤮 TRUMP’S & MILLER’S “ZERO TOLERANCE POLICY” IRREPARABLY DAMAGED VULNERABLE FAMILIES & THE AMERICAN PSYCHE — We Can’t Allow Them To Do It Again!

 

Piper S. French
Piper S. French
Editor & Writer
PHOTO: Linkedin

https://apple.news/AMAcNuZxJRTmYkzleEZLNXw

Piper French reports for Intelligencer via Apple News:

Nilu Chadwick recognizes some of the children’s names right away. Chadwick, a lawyer for Kids in Need of Defense, has spent the past five years poring over lists of families separated under the Trump administration’s “zero tolerance” policy whose cases have yet to be resolved. Some of the children’s names stand out because she crossed paths with them back in 2018, when she represented them at their immigration hearings after they were torn from their parents’ side at the southern border. Those names always remind her of what she witnessed that year. The eerie silence of the children’s shelters. The kids so young that they couldn’t even explain who they were or where they came from. The hearing she had to pause in order to soothe a client with a nursery rhyme. Then there are the names that have simply grown familiar through repetition: the children whose cases appeared on the lists years ago and remain open.

The process of reunifying families separated under “zero tolerance” began in June 2018, two months after the policy was officially implemented. The ACLU had filed a class-action lawsuit on behalf of separated families, Ms. L. v. U.S. Immigration and Customs Enforcement, and during the litigation, a federal judge halted Trump’s policy and ordered its victims reunified within 30 days. Some of these reunifications were relatively straightforward. The government had records of around 2,800 separated families, and most of those parents and children were still in the U.S. — maybe they’d been sent to separate ICE facilities or the parents were in detention while their children had been placed in the custody of the Office of Refugee Resettlement. But for about 470 families, the parents had already been deported. When the Trump administration declined to track them down, Lee Gelernt, the head lawyer for the plaintiffs, stood up in court and said the ACLU would do it. A steering committee was put together comprising a team from the New York law firm Paul, Weiss and representatives from three NGOs, including Kids in Need of Defense and the organization Justice in Motion. “Little did I know what we were taking responsibility for,” Gelernt told me.

The first hurdle the committee faced was the total disorganization with which “zero tolerance” had been implemented. “There was no intention of reuniting families, and so they didn’t design the system to be able to keep track,” Nan Schivone, Justice in Motion’s legal director, told me. The agencies involved — Customs and Border Protection, which took families into custody; ICE, which oversaw their detainment; the ORR, which was responsible for the separated children — didn’t have a comprehensive system to share data with one another, nor did they always keep records linking parents with their children. If children were released from ORR custody into the care of family or friends, the government did limited follow-up. “We give you a luggage tag for your luggage,” said Gisela Voss, a former board member of Together & Free, which supports families seeking asylum. “We separated parents from their kids and didn’t give them, like, a number.”

It took two months, until August 2018, for the administration to provide the steering committee with the phone numbers of the deported parents; a quarter of the numbers were missing. The committee began its search, making calls and performing social-media investigations. Then, in January 2019, the HHS Office of Inspector General revealed that more families had been separated than the Trump administration had previously disclosed. Nine months later, the Justice Department finally produced those names. There were 1,500 of them, and the vast majority of the parents had been deported.

. . . .

But the more that people who have dedicated their lives to this task continue to search, the more it becomes apparent that there will never be a clean resolution. There will always be another family. They know, too, that reunification solves only one problem. Families may be together again, but whether they will ever be whole is another question entirely.

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

Read the complete article at the link.

No accountability whatsoever for Trump, Miller, Sessions and the other “human rights criminals” responsible for this. As is all too common in immigration and human rights “fails” by our immigration bureaucracy, the private, pro bono and NGO sectors are left to pick up the pieces after having to fight to uphold the rule of law.

The real story here is the blatant failure of our Government to uphold the rule of law for those seeking legal refugee and the irreparable effects of that failure. Somehow we have allowed politicos and the media to reverse that story line!

🇺🇸 Due Process Forever!

PWS

03-05-24

☠️🤯 HISTORIC SETTLEMENT OF FAMILY SEPARATION CASE SHOWS LEGAL & MORAL BANKRUPTCY OF TRUMP’S “OFFICIAL CHILD ABUSE PROGRAM!” — So Why Are Spineless Dems On The Hill & In The Biden Administration “Negotiating” With GOP Sponsors Of Even Worse “Crimes Against Humanity?”🤮 — “It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said!

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

Maria Sachetti reports for WashPost:

Federal judge approves settlement barring migrant family separations

A federal judge approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S.-Mexico border illegally.

By Maria Sacchetti

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

Download The Washington Post app.

https://www.washingtonpost.com/immigration/2023/12/08/trump-migrants-family-separations-biden/

. . . .

The settlement involves a 2018 lawsuit filed by the American Civil Liberties Union to block the Trump administration’s “zero tolerance” policy, which called for separating parents from their children to prosecute the adults for crossing the border illegally. Officials sent parents to detention centers and children to shelters, without a plan to reunite them, under the policy. Some were apart for months, some for years.

“It does represent, in my view, one of the most shameful chapters in the history of our country,” U.S. District Judge Dana M. Sabraw said before he approved the settlement in a hearing that recalled the shock and disbelief surrounding the policy in 2018.

Under the settlement approved Friday, crossing the border illegally will no longer be a reason to separate a family, at least for the next eight years, which is how long that provision will last, lawyers said. The Justice Department has said the government will not prosecute parents for crossing the border without permission, a misdemeanor, or for the felony crime of reentering after being deported.

The settlement also offers aid to once-separated families so that they may apply to stay in the United States permanently. Those who were deported may apply to come back. Their immigration records will be cleared, giving them a fresh start on applying for humanitarian protection such as asylum.

Once they are in the United States, formerly separated families may apply for three-year work permits, six months of housing assistance and one year of medical care, according to the settlement. The families also are eligible for three years of counseling under the settlement.

Sabraw, a Republican nominee, declared the separations unlawful and ordered the families reunited in June 2018, after President Donald Trump halted the policy amid widespread condemnation.

Trump’s zero-tolerance policy ran from May to June 2018. Later, investigations determined that officials separated migrant families throughout Trump’s four-year term, which ended in January 2021.

Biden administration officials said the Trump administration separated more than 4,000 children from their parents, though past estimates have put that figure as high as 5,500. Lawyers for the ACLU, which represented the migrant families in court, estimated that as many as 1,000 children may still be separated from their parents. Advocates are trying to track them down.

The ACLU has called the case the most significant settlement in the organization’s 103-year history.

“This settlement brings much needed help to these brutalized children but there remains significant work to ensure that every family is now reunited and to monitor that no future administration tries to circumvent the agreement and reenact the same horrific policy,” Lee Gelernt, an ACLU lawyer and the lead counsel in the case, said in a statement.

. . . .

**********

Read the rest of Maria’s report at the link!

The human and fiscal costs of this illegal policy, developed and implemented by GOP White Nationalist child abusers, is beyond comprehension! Some of the damage can never be repaired!

Notably, there has never been any accountability for the architects of this clearly unconstitutional abuse and the Government attorneys who failed to do “due diligence” and misrepresented the facts surrounding child separation in Federal Court. The truth was only brought out when the ACLU was forced to do the DOJ’s job for it! It’s also curious how a prohibition on clearly unconstitutional conduct could have only an “eight year shelf life.”

But, there are even worse developments on the horizon — immoral, illegal, and unconscionable policies under consideration that will dwarf even this horrible episode in terms of  preventable deaths, disregard for humanity, dereliction of duty, moral cowardice, and degradation of our nation!   

Stephen Miller Monster
Why are Dems ignoring their “core supporters” and negotiating with this notorious human rights abuser! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

So why are Dem legislators and the Administration “negotiating” even more outrageous legal violations, moral transgressions, and human rights abuses with the GOP? Talk about “shameful!” If Dems don’t get some backbone and live up to their professed values and the law, “shameful” will have a whole new meaning!

Here’s a link to tell your Congressional representatives to “just say no” to the truly repulsive proposals to bully and inflict pointless harm on the most vulnerable and to arrogantly violate human rights on a massive scale being pushed by the  GOP and some so-called Dems.  https://lnkd.in/gp2RteRr.

 Trading away human rights that are not yours to dispose of for unrelated foreign military aid is beyond unconscionable! 🤮

🇺🇸 Due Process Forever!

PWS

12-09-23

PROFESSOR JENNIFER CHACON’S BRENNAN ESSAY — RULE OF LAW RUSE — The Gratuitous Cruelty, Dehumanization, & Demonization Is The Point! — “Courts have played an essen­tial role in shor­ing up the dehu­man­iz­ing narrat­ives that enable our nation’s harsh enforce­ment prac­tices.”

 

 

Professor Jennifer M. Chacon
Professor Jennifer M. Chacon
UC Berkley Law

 

 

https://lawprofessors.typepad.com/immigration/2022/02/immigration-article-of-the-day-the-dehumanizing-work-of-immigration-law-by-jennifer-m-chac%C3%B3n.html

Professor and ImmigrationProf Blog Principal Kit Johnson reports:

Tuesday, February 22, 2022

Immigration Article of the Day: The Dehumanizing Work of Immigration Law by Jennifer M. Chacón

By Immigration Prof

Share

The Dehumanizing Work of Immigration Law is an analysis piece authored by immprof Jennifer M. Chacón (Berkeley) for the Brennan Center for Justice. It was part of a series of articles examining the “punit­ive excess that has come to define Amer­ica’s crim­inal legal system.”

In her article, Chacón acknowledges that “our immig­ra­tion laws are excep­tion­ally harsh in ways that frequently defy common sense.” She notes that for many migrants “the notion that there is a ‘right way’ to immig­rate is just not true.” Moreover, “our coun­try has not always honored its own legal processes when immig­rants are doing things ‘the right way.’” And, for those “long-time lawful perman­ent resid­ents who have contact with the crim­inal legal system are often denied the chance to do things ‘the right way.’”

“Again and again,” Chacón writes, “notions of the rule of law are invoked to justify the sunder­ing of famil­ies and communit­ies that would, in other circumstances, seem unthink­able.”

-KitJ

February 22, 2022 in Data and Research, Law Review Articles & Essays | Permalink | Comments (0)

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

Jennifer elegantly articulates a theme that echoes what “Sir Jeffrey” Chase and I often say on our respective blogs: It’s all about gratuitous cruelty and intentional dehumanization of “the other” — primarily vulnerable individuals of color!

But, it need not be that way! Undoubtedly, the current legislative framework is outdated, unrealistic, and often self-contradictory. Congress’s failure to address it with bipartisan, humane, common sense, practical reforms that would strengthen and expand our legal immigration system is disgraceful.

But, there are plenty of opportunities even under the current flawed framework for much better interpretations of law; more expansive, uniform, and reasonable exercises of discretion; creation and implementation of best practices; advancements in due process and fundamental fairness; drastic improvements in representation; improved expert judging; rational, targeted, “results-focused” enforcement; promoting accountability; and teamwork and cooperation among the judiciary, DHS, and the private/NGO/academic sectors to improve the delivery of justice and make the “rule of law” something more than the cruel parody it is today.

Historically, as Jennifer points out, courts have often aided, abetted, and sometimes even disgracefully and cowardly encouraged lawless behavior and clear violations of both constitutional and human rights. But, it doesn’t have to be that way in the future!

Folks like Trump, Miller, Sessions, Barr, Wolf, “Cooch,” Hamilton, McHenry, et al spent four years laser-focused on banishing every last ounce of humanity, fairness, truth, enlightenment, kindness, compassion, reasonableness, efficiency, rationality, equity, public service, racial justice, consistently positive use of discretion, practicality, and common sense from our immigration and refugee systems.

Biden and Harris promised dynamic change, improvement, and a return to a values-based approach to immigration. Once in office, however, they have basically “gone Miller Lite” —  preferring to blame and criticize the Trump regime without having a ready plan or taking much positive action to bring about dynamic systemic improvements. In fact, as pointed out by Jennifer, Garland and Mayorkas have continued to apply, defend, and to some extent rely on the very vile policies they supposedly disavowed. Talk about disingenuous!

Drastic improvements in the current system are “out there for the taking,” with or without Congressional assistance. But, the will, skill, and guts to make the “rule of law” something other than an intentionally cruel, failed “throw away slogan” appears to be sorely missing from Biden Administration ldeadership!

Maybe, the beginning of Jennifer’s essay “says it all” about the abject failure of Garland and others to “get the job done:”

During his confirm­a­tion hear­ing to be attor­ney general, when asked about the Trump admin­is­tra­tion’s policy of separ­at­ing chil­dren from their parents at the U.S.–Mex­ico border, Merrick Garland repu­di­ated the policy, stat­ing “I can’t imagine anything worse.”

Yet, now that he is confirmed, Attor­ney General Garland presides over an agency that repres­ents the U.S. govern­ment in court arguing every day that parents should be separ­ated from their chil­dren, broth­ers from sisters, grand­chil­dren from grand­par­ents.

Obviously, that’s the problem! Garland actually “can’t imagine” the human impact of government-imposed family separation! Nor can he “imagine” what it’s like to be caught up in his unfair, biased, and broken Immigration “Courts” as a party or a lawyer. The “retail level” of our justice system “passed him by” on his way to his judicial “comfort zone.” 

Star Chamber Justice
“Justice”
Star Chamber
Style — “AG Garland ‘can’t imagine’ what it’s like to be caught up in the dysfunctional, abusive, and unfair ‘court system’ that he runs!”

Unless and until we finally get an Attorney General who has either experienced or has the actual imagination necessary to feel the daily horrors and indignity that our unnecessarily broken immigration justice system inflicts on real human beings, American justice and human values will continue to spiral downward! ☠️🤮

And, there will be no true racial justice in America without justice for immigrants!

🇺🇸 Due Process Forever!

PWS

02-23-22            

REUTERS: MICA ROSENBERG & TEAM REPORT ON UNACCOMPANIED CHILDREN, FAMILY REUNIFICATION!

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters

Hi there all,

 

I wanted to share with you our latest Reuters investigation about unaccompanied minors released to the town of Enterprise, Alabama where the chicken industry is booming and we profiled a teen who easily found work after she was released from federal custody. We detail how last summer U.S. Department of Health and Human Services temporarily halted releases from shelters to the town, as several federal agencies probed whether migrants were at risk. While no child trafficking has been found, labor exploitation of migrants there is being investigated.

Read more, and share, here: https://www.reuters.com/investigates/special-report/usa-immigration-alabama/

 

This follows our coverage of the reunification of one migrant family separated in 2017 at the U.S.-Mexico border under Trump’s “zero tolerance” policy who was reunited in January. We have been in touch with the family since 2020.

Here is the story with a graphic that shows the scale of the work of the Biden administration’s reunification task force:

https://widerimage.reuters.com/story/split-up-at-the-us-mexico-border-family-finally-reunites

and here is the story with additional photographs of this family’s long and painful journey:

https://graphics.reuters.com/USA-IMMIGRATION/REUNIFICATION/byprjxlnzpe/index.html

 

We also were able to report on another heartwarming reunion, after a family lost their baby in the chaos of the evacuation of Afghanistan. Our story published last November helped lead to tips that located the baby in Kabul so he could be reunited with relatives there and hopefully soon taken to the United States to join his parents who have resettled in Michigan:

https://www.reuters.com/world/asia-pacific/exclusive-baby-lost-chaos-afghanistan-airlift-found-returned-family-after-long-2022-01-08/

 

We are continuing coverage of all these important issues so please keep in touch with tips and story ideas!

All the best,

Mica

………………………………………………….

Mica Rosenberg

Reuters News

National Immigration Reporter

www.reuters.com

 

3 Times Square, 18th Floor

New York, NY 10036

Cell/signal/whatsapp/telegram: +1 (646) 897-4851

Teams: +1 (332) 219-1353

email: mica.rosenberg@thomsonreuters.com

www.linkedin.com/in/micarosenberg/

 

***********

Thanks, Mica, for giving us an in-depth look at the “human side” of these issues!

🇺🇸Due Process Forever!

PWS

02-07-22

 

⚖️🗽🇺🇸👨🏻‍⚖️JUDGE GARLAND’S STATEMENT: Lots Of Nice Words, Lofty Ideals, Few Specifics On How He Will Shape The Actual Work Of Broken & Dysfunctional DOJ — No Mention Of How He Will Address The Ungodly Immigration Mess @ EOIR!

Judge Merrick Garland
Judge Merrick B. Garland
Official White House Photo
Public Realm

. . . .

The President nominates the Attorney General to be the lawyer — not for any individual, but for the people of the United States. July 2020 marked the 150th anniversary of the founding of the Department of Justice, making this a fitting time to remember the mission of the Attorney General and the Department.

It is a fitting time to reaffirm that the role of the Attorney General is to serve the Rule of Law and to ensure equal justice under the law. And it is a fitting time to recognize the more than 115,000 career employees of the Department and its law enforcement agencies, and their commitment to serve the cause of justice and protect the safety of our communities.

If I am confirmed, serving as Attorney General will be the culmination of a career I have dedicated to ensuring that the laws of our country are fairly and faithfully enforced, and that the rights of all Americans are protected.

. . . .

That mission remains urgent because we do not yet have equal justice. Communities of color and other minorities still face discrimination in housing, education, employment, and the criminal justice system; and bear the brunt of the harm caused by pandemic, pollution, and

climate change.

150 years after the Department’s founding, battling extremist attacks on our democratic institutions also remains central to its mission.

Here’s the full statement:

https://www.scribd.com/document/495370966/Read-Merrick-Garland-Testimony

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

At the opening of the hearing, he told Senate Judiciary Chairman Dick Durbin (D-IL):

Garland also distanced himself from the Trump administration’s child separation immigration policy, calling it ‘shameful’ and committing to aiding a Senate investigation into the matter.

‘I think that the policy was shameful. I can’t imagine anything worse than tearing parents from their children, and we will provide all of the cooperation that we possibility can,’ Garland told Senate Judiciary Chairman Dick Durbin.

https://www.cnn.com/2021/02/22/politics/merrick-garland-confirmation-hearing-day-1/index.html

Star Chamber Justice
“Justice”
Star Chamber
Style

Yet, the harsh reality is that the DOJ is still actively engaged in furthering the operation of “Baby Jails” and “Family Gulags.” Indeed, disgracefully, the DOJ’s EOIR actually operates “judicial star chambers” euphemistically called “Detained Immigration Courts” in DHS Gulags throughout America. 

There, bonds are unconstitutionally denied, the right to legal representation is aggressively hindered and discouraged, some individuals have their asylum claims wrongfully denied, while others are pressured under duress into giving up their legal rights.  

As all of this is ongoing, EOIR’s so-called “judges” assert that they “lack power” to examine the life-threatening, dangerous, unconstitutionally substandard conditions and abusive custody present throughout the “New American Gulag” operated by DHS that they serve. (How do “judges” work for the AG under the Due Process Clause of our Constitution?)

What kind of “courts” are these? What does Judge Garland intend to do to stop official child abusers and illegal and unethical “civil detention?”   

Judge Garland’s tone is an obvious improvement over the past two turkeys 🦃  to hold the job! But, words are words; actions are what counts! Unfortunately, I couldn’t discern any “plan of action” here!

Without being unduly picky:

    • You should have said “This President nominates;” obviously, the last one did view the AG as his personal lawyer and the DOJ as just another of the many law firms on his retainer — one working pro bono at the people’s expense against the people’s interests — how perverted is that; 
    • In a way it’s nice and expected to acknowledge the many hard-working civil servants in the DOJ; but, the reality is that far too many of them were part of the problem — failing to stand up for “the people’s” (actually, as you know, immigrants regardless of status are “persons” under our Constitution — real, live, breathing, feeling “people” if you will) individual rights and ignoring their oaths of office to carry out the White Nationalist, anti-democracy agenda of the past regime; like it or not, Judge, if you are going to turn your elevated thoughts into policy and practice, you are going to have to deal with the folks who “went along to get along” over the past four years; like it or not, you’re going to need a broom 🧹 and a plunger 🪠 to get this dirty job done;
    • Of course equal justice for all should be the goal (it’s not a new idea, except in GOP Administrations — if you remember it was actually Janet Reno’s motto) and obviously we’re not close to being there; “communities of color” faced more than “discrimination” — over the past four years, it was an active and concerted policy of “Dred Scottification”willful dehumanization of the other and trashing their Constitutional rights: to vote, to due process, to “life, liberty, and the pursuit of happiness” on many occasions — mostly with the participation, encouragement, and often unethical  actions of the DOJ, sometimes endorsed and enabled by Federal Courts, all the way up to the Supremes; it’s going to take some real bold, and undoubtedly unpleasant, actions at the DOJ to make the rhetoric a reality, not to mention standing up to some of the lousy Federal Judicial appointments from the last four years;  
    • How are you going to do any of this without acknowledging that immigration is where it starts; as you deliver your remarks today, some EOIR “judges,” soon to be “your judges,” will be actively applying racist, misogynist, anti-due process, “worst practices” “precedents” to dehumanize, disparage, and wrongfully deny and remove the very “people in the United States,” among our most vulnerable and often deserving, whose rights you claim to be dedicated to protecting and enhancing; how are you going to do that without a definitive plan for immediately reforming EOIR, OIL, the SG’s Office, OLC, OLP, the Civil Division, the Civil Rights Division, the Criminal Division and a host of other “components” who participated, and continue to participate, in these legal travesties and mockeries of due process, humanity, and the rule of law on a daily basis;  
    • I understand your commitment to addressing domestic terrorism; but, you can’t do that without addressing its most obvious manifestation in the DOJ: EOIR; you can draw a straight line from the White Nationalist, racist agenda of Stephen Miller to the lies, misogyny, racism, and disrespect for immigrants, particularly those of color, “institutionalized and weaponized” @ EOIR, to the empowered political thugs who thought they were entitled to forcibly attack democracy and its representatives (many among the GOP who were actively complicit) at our Capitol!
    • How do you intend to deal constructively, professionally, and constitutionally with the stunning, yet largely self-created, 1.3 million plus case Immigration Court backlog that threatens to topple our entire justice system; what’s your plan for ending “Aimless Docket Reshuffling” @ EOIR, returning control to local judges while keeping politicos and bureaucrats @ EOIR & DOJ from further destructive meddling;
    • How are you gonna credibly fight “domestic terrorism” with these folks as “your judges?”
Four Horsemen
BIA Asylum Panel In Action
Albrecht Dürer, Public domain, via Wikimedia Commons

I, of course, appreciate your lofty thoughts and wish you all the best. You remind us all of something sadly lost over the past four years and something still glaringly missing from the GOP and its supporters: Values matter! But, values require implementation — action! 

I won’t be convinced that you will actually be able to accomplish your goals and carry out your values until I witness your bold action to “deconstruct” the EOIR that Stephen Miller, Gene Hamilton, “Gonzo” Sessions, and “Billy the Bigot” Barr built and replace it with a real court system with real progressive, due-process/equal justice-committed expert judges and professional judicial administrators as an essential step to the creation of a long-overdue and urgently needed Article I U.S. Immigration Court.

I look forward to seeing your EOIR Reform Plan in action, very soon! Good luck!

🇺🇸🗽⚖️🧑🏽‍⚖️Due Process Forever!

PWS

02-22-21

 

NBC REPORTS THAT ANOTHER NDPA ALL-STAR, 🌟 MICHELLE BRANÉ, WILL BE TAPPED BY BIDEN ADMINISTRATION FOR KEY LEADERSHIP POSITION!

Michelle Brane
Michelle Brane
PHOTO: Women’s Refugee Commission

https://www.nbcnews.com/politics/immigration/biden-admin-name-refugee-advocate-director-task-force-reunite-separated-n1257255

Feb. 10, 2021, 1:12 PM EST

By Julia Ainsley, Jacob Soboroff and Geoff Bennett

WASHINGTON — The White House is expected to select Michelle Brané of the Women’s Refugee Commission as the executive director of the task force to reunite migrant families separated by the Trump administration, three sources familiar with the decision tell NBC News.

The selection of Brané, director of migrant rights and justice programs at the Women’s Refugee Commission, is welcome news to the immigration advocate community, as most of the task force is made of government officials.

“If selected, Michelle would be a fantastic choice. She would bring deep expertise on the issues and the perfect mixture of passion and common sense,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

. . . .

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

Read the full article at the link.

Good news indeed!

Michelle was an Attorney Advisor at the BIA during part of my tenure as Chair, before moving on to a distinguished career in the NGO sector.

She is brilliant, tough, practical, humane, a leader, and a true pro who has been getting the job done for refugees and the most vulnerable among us for years. Michelle is just who America needs to bring expertise, organizational skills, and moral as well as intellectual leadership to a Government that has been missing those essential qualities for far, far too long!

Always satisfying to see the “best and brightest” whom I’ve worked with over my career rise to the leadership positions they deserve where they can use their skills to lead America to a better future!

Congrats, Michelle, and Due Process Forever!

PWS

02-15-21

CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

Trump Regime Emoji
Trump Regime
Kiddie Gulag
Trump’s Legacy
Kiddie Gulag
Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license
Jeff “Gonzo Apocalypto” Sessions
“Police Brutality? What Police Brutality?”
Stephen Miller Monster
Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com, Republished under license
Stephen Miller Cartoon
Stephen Miller & Count Olaf
Evil Twins, Notorious Child Abusers
Stephen Miller & Wife
“Gauleiter Muller & Eva Braun” Yuck it Up In The Comfort Of “Public Welfare Dole” While Looking Forward to Planning Together for More “Crimes Against Humanity,” Abusing Children, Dehumanizing Persons of Color, Spreading Lies & False Narratives, & Targeting World’s Most Vulnerable Refugees 🤮☠️⚰️🦹🏿‍♂️ — Sure Looks Like “Welfare Fraud” to Me!

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=&cad=rja&uact=8&ved=0ahUKEwjByaGq6p7uAhVwuVkKHXiFC34QxfQBCFMwBA&url=https%3A%2F%2Fkval.com%2Fnewsletter-daily%2Fmerkley-calls-for-prosecution-of-trump-officials-after-report-on-child-separation-policy&usg=AOvVaw1vnWzv2UxSmymy6iLrVQ-o

 

 

By KVAL CBS (Eugene, OR) News Staff:

 

WASHINGTON, D.C. – Senator Jeff Merkley of Oregon has called for the investigation and prosecution of current and former Trump administration officials after the Department of Justice Office of the Inspector General released “a disturbing report confirming that the Trump administration knew their zero tolerance policy would lead to family separations,” the Oregon Democrat said in a statement.

“We finally have more answers about how this diabolical plan came to be,” Merkley said. “It is crystal clear that Jeff Sessions, Stephen Miller, Chad Wolf, Kirstjen Nielsen and other senior Trump administration officials were not only fully aware that their policy would have traumatizing impacts on families, but also that their intention was to inflict that trauma as a means to deter people from coming to America in search of a better life.”

The senator added “it’s now confirmed that they committed perjury by lying to Congress about their intentions and actions in order to avoid accountability for their monstrous initiative.”

In June 2018, Merkley traveled to Texas and attempted to enter a child detention center in a former Walmart, calling attention to the practice of separating and detaining children apart from their families.

“The intentional infliction of harm on innocent children is unforgivable and has no place on our soil,” Merkley said Thursday. “The architects should be investigated and prosecuted to the full extent of the law for any crimes connected with both the atrocities and the cover-up.”

Merkley returned to the border 6 more times and advocated for families to be reunited – and for people seeking refuge “from gang violence, murder, rape, and extortion in their home countries” be allowed to make their case – something the senator alleges the Trump adminitration has not allowed in keeping with the law.

“America is at its strongest when we embrace our historic role as a beacon of hope for persecuted people from around the world,” Merkley said. “I am determined to work with the Biden administration to ensure that we turn that vision into a reality, and to hold the perpetrators of the Trump administration’s cruelty fully accountable.”

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

Couldn’t have said it better myself, Senator! Right on! Remarkable how all it takes is an armed insurrection against our Capitol and our democracy generated by the Traitor Prez and supported by far, far too many cowardly, anti-American members of his “Party of Treason” to get folks “thinking like Courtside.” 

Even if the criminals described by the IG escape prosecution for their crimes, the new IG Report and the additional documents that certainly will come to light once the Trump kakistocracy is removed should provide enough evidence to keep these wretched fascist creatures and their families tied up in civil litigation for the rest of their miserable and worthless lives!

To date, only Senator James Langford (R-OK) has had the decency to apologize for his role in supporting Trump’s beyond bogus, treasonous, insurrectionist claims of “election fraud” or a stolen election. Where are the apologies from the rest of the cowardly GOP traitors and toadies who supported and/or enabled Trump and his band of racist thugs over the past four years? Why is scumbag Rep. Jim Jordan walking around with a bogus “Medal of Freedom” for spreading lies and encouraging sedition, rather than sitting in a jail cell awaiting trial?

WHERE ARE THEY NOW?

“Gonzo Apocalypto” Sessions. Child abuser and racist plotter remains at large, after having the shameless audacity to run for the U.S. Senate again, being defeated by Magamoron “Coach Tubby Traitorville (a blithering idiot who obviously got hit by one too many flying tackling dummy).

“Gauleiter Stepan Muller.” Hiding out on the public dole in the seat of corruption and insurrection (formerly and soon again to be known as the “White House”) with his repulsive “Eva Braun substitute” and carrying out more “crimes against humanity” to the end.

Rod Rosenstein. Hiding out, hanging his head in (belated, fake) shame and making the big bucks at King & Spaulding. Will need them after he is dismissed from his law firm, disbarred, and has to pay legal fees and damages to the families he traumatized.

Gene (No Relation to Alex) Hamilton. Still grifting on public welfare at the DOJ until next Wednesday. First cowardly “Waffern SS Member” to publicly take the “Nuremberg defense:” I was only following Der Fuhrer’s orders.” But, he won’t be the last.

Donald J. “Big Loser/Traitor” Trump. Hiding out in White House basement and planning flight from DC after initiating botched coup attempt against his own Government.

Victims of Failed Regime’s “Crimes Against Humanity.” Already sentenced to a lifetime of pain, suffering, and trauma by Large Banana Republic that shirked its legal and moral duties.

Accountability for this “gang of White Nationalist thugs” is important!

Also, Judge Garland needs to look into the conduct of the DOJ lawyers who defended the regime’s transparent lies and false claims that there was “no child separation policy.” These turkeys 🦃  took no responsibility for their clients’ ongoing crimes and cover ups. Indeed, outrageously, they got away with making it the burden of the plaintiffs’ lawyers to reunite families the Government intentionally and illegally separated without any plans for reunification.

The invidious racist, unconstitutional motives of criminals like Trump, Miller, Sessions, Hamilton, and Rosenstein was no secret. Except for the degree of Rosenstein’s involvement, it was widely reported at the time. Trump was a well-established liar whose public statements and rationales should have been assumed false until proven true. (Ask yourself what would happen to a corporate lawyer who took at face value and presented to a court as “facts” or a “defense” in a civil suit false statements by a corrupt CEO with a long-standing record of fraud, racism, and dishonesty.)

Also, what was the a racist hack like Sessions (the report also reveals that he was as totally incompetent as a lawyer as he was devoid of human decency) doing running border enforcement programs that had intentionally been removed from the AG’s portfolio by Congress when DHS was created? How does that fit with “Gonzo’s” transparently unethical and unconstitutional actions as a “quasi-judicial officer” in interfering with due process at the EOIR Clown Show🤡/Star Chamber🦹🏿‍♂️?

This IG report is just the “tip of the iceberg” of the institutionalized racism and systemic misconduct that polluted the immigration kakistocracy at DOJ and DHS during the Trump regime. The failings of the U.S. Justice system from top to bottom, starting with the Supremes’  consistent failure to critically examine the regime’s transparent pattern of unconstitutional, racist, biased behavior culminating  in an insurrection can’t be “swept under the carpet.”

Nor can their enabling of the White Nationalist immigration agenda of “Dred Scottification” pushed by unethical SG Noel Francisco! In a well-functioning democracy, the Trumpist thugs’ child abuse should have been stopped in its tracks. Thanks to the failure of legal, ethical, and moral leadership by Roberts and his righty GOP buddies, it wasn’t!

The entire beyond disgraceful and patently illegal “zero tolerance program” instituted by Gonzo was a grotesque misuse of public funds and abuse of prosecutorial discretion. Real crimes (the Trump regime has been an absolute boon to serious criminals from the Oval Office on down) went un-prosecuted and un-investigated. The conduct of U.S. Attorneys, Federal Judges, and U.S. Magistrate Judges along the border who shirked their duties and participated in the legal farce taking place in our criminal justice system also needs to be examined.

Those of us who lived through Watergate can see that this time around, under extraordinarily poor leadership generated by an anti-American GOP, the response of all three branches of our Federal Government to the overt threats to our Constitution and democracy posed by a dishonest Executive fell disturbingly below the bipartisan levels that saved our nation from Nixon.

That’s why the critical democratic standard of a “peaceful and orderly transfer of power” has fallen by the wayside and the Biden-Harris Inauguration will take place in an armed camp. Ironically, the man administering the oath to President Biden, Chief Justice John Roberts and his GOP colleagues on the Supremes bear a major responsibility for democracy’s peril and the pain and suffering of those like separated families whom they failed to protect from Executive abuses!

As I’ve said before, although it won’t happen, the resignations of Roberts and his fellow GOP Justices should be on President Biden’s desk on the morning of January 21. That would be a real start on healing, restoring democracy, and reinstituting human decency and respect for human lives and the rule of law in America.

(Let’s not forget that ethics-challenged Justices Thomas and Coney Barrett showed up at what essentially was a “MAGA campaign rally” at the White House on the eve of the election that eventually resulted in impeachable acts of insurrection and sedition by a patently dishonest and dangerous Chief Executive whose unfitness to govern was more than clear by that time. Honestly, it’s going to take more than a black robe to cover the shame of these dudes who stand for protecting and enabling tyranny and against justice for the people. If nothing else, it’s high time for a Democrat-led Congress to impose at least some minimal ethical standards on the Supremes, since they appear to have none to mention. That’s, of course, after they come to grips with the treason of GOP guys like Cruz and Hawley who should be expelled and barred from public “service” (treason?) for life.)

🇺🇸⚖️🗽👎🏻Due Process Forever! Cowardly thugs, 🥷🏻magamorons, 🦹🏿‍♂️ and their enablers, never!

PWS

01-16-21

 

🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

Jacob Soboroff
Jacob Soboroff
NBC Correspondent
Jacob Soboroff at the ABC News Democratic Debate
National Constitution Center. Philadelphia, PA.
Creative Commons License

Jacob Soboroff reports for NBC News:

Inside the effort to provide mental health care to migrant families

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Seneca Family of Agencies provides mental health care to migrant families separated by the Trump administration. NBC News’ Jacob Soboroff reports on the obstacles faced by the nonprofit in locating families.

Dec. 22, 2020

Watch Jacob’s report here.

https://www.nbcnews.com/nightly-news/video/inside-the-effort-to-provide-mental-health-care-to-migrant-families-98295877800

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

Jacob and his terrific NBC News colleague Julia Edwards Ainsley have been at the forefront of exposing the irreparable human carnage and lasting trauma caused by the regime’s unlawful, racist, White Nationalist immigration policies (some of which were unconscionably “greenlighted” by an immoral and irresponsible Supremes GOP majority that views themselves and their rotten to the core, inhumane, right-wing ideology as above the needless human suffering they further and encourage).

The “perps” like,”Gonzo” Sessions, Grauleiter Miller, Kirstjen Nielsen, “Big Mac With Lies” McAleenan, Noel Francisco, Rod Rosenstein, et al, walk free while the victims continue to suffer and others, like the Christ-like folks at Seneca Family of Agencies, are left to pick up the pieces! How is this “justice?”  

Our national policies  have truly abandoned Christ’s values of self-sacrifice, mercy, generosity in spirit and deed, courage in the face of oppression, human compassion, justice, and assistance  for the most vulnerable among us under the perverted and immoral “leadership” of a man and his party without humane values or respect for truth who stand for absolutely nothing that is decent in the world.

As Americans suffer and die from the pandemic he mocked, downplayed, and mishandled; unemployed Americans are dissed and shortchanged by his party of underachieving, out of touch fat cats, liars, cowards, and truth deniers; asylum seekers needlessly suffer in squalid camps in Mexico; refugees scorned, unlawfully and immorally abandoned and abused by the world’s richest country face persecution, torture, despair, and death; and non-criminals rot in DHS’s “New American Gulag,” the immoral Grifter-in-Chief lives it up at taxpayer expense for one last Christmas at his Florida resort; fumes about a fair and square election that he lost big time; savors a rash of holiday executions; delays bipartisan COVID relief; ferments treason against our republic; and pardons a wide range of scumbags, felons, war criminals, family members, cronies, fraudsters, and other totally undeserving characters. 

But, there is hope for our world at Christmas: 27 days and counting to the end of the kakistocracy, expulsion of the unqualified con-man and his motley crew of criminals and cronies, and the ascension of a real President and Vice President, Joe Biden and Kamala Harris, to lead us, and perhaps our world, out of the current mess to a kinder, brighter future. That might be the best present of all this Christmas.

Due Process Forever!⚖️🗽👍🏼

PWS🎅🏻🎄😎

12-24-20

☠️🤮“WAR CRIMINAL” — Sources Claim Neo-Nazi Stephen Miller’s Unrelenting Cruelty, Stupidity, Scars Kids Forever, Cost Additional Six Million Dollars Of Taxpayer Money!👎🏻🏴‍☠️

Jacob Soboroff
Jacob Soboroff
NBC Correspondent
Jacob Soboroff at the ABC News Democratic Debate
National Constitution Center. Philadelphia, PA.
Creative Commons License
Julia Edwards Ainsley
Julia Edwards Ainsley
NBC Correspondent
Justice & DHS
Outside Justice Dep’t
Photo: Victoria Pickering https://www.flickr.com/photos/vpickering/

https://apple.news/ArL5plP9FQyK97AL4pqU-Tw

From NBC News:

by Jacob Soboroff, Julia Ainsley and Geoff Bennett | NBC NEWS

WASHINGTON — The Trump White House blocked the Justice Department from making a deal in October 2019 to pay for mental health services for migrant families who had been separated by the Trump administration, two current and two former senior administration officials told NBC News.

Three sources involved in the discussions who requested anonymity said the Office of White House Counsel made the decision to reject the settlement of a federal lawsuit after consultation with senior adviser Stephen Miller, the driving force behind many of President Donald Trump’s immigration policies, including family separations.

“DOJ strongly, and unanimously, supported the settlement, but not all agencies involved were on the same page,” an administration official said. “Ultimately, the settlement was declined at the direction of the White House counsel’s office.”

Another administration official said: “Ultimately, it was Stephen who prevailed. He squashed it.”

The White House’s refusal to accept the deal ended up costing taxpayers $6 million.

. . . .

*****************
Read the full article at the link.

The cost of the immoral misconduct of Miller in number of human lives, futures, and wasted taxpayer funds is probably incalculable. 

My thanks to this dynamic trio at NBC News whose fearless reporting has helped keep Miller’s crimes in the public spotlight!

Due Process Forever!

PWS

011-19-20

🏴‍☠️”FAMILY SEPARATION 2.0″ — NEW REPORT FROM AMNESTY INTERNATIONAL: 200+ Years of American Democracy No Match For Trump Regime’s Blackshirts! — “One officer told several mothers that “‘it doesn’t matter what you sign because we will do what we want.’”

Child-Abuser-in-Chief
Child-Abuser-in-Chief

Amnesty International USA-Family Separation 2.0_May 21, 2020

Family Separation 2.0: “You aren’t going to separate me from my only child.”

On April 7, 2020, Amnesty International issued a report, ‘We are adrift, about to sink’: The looming COVID-19 disaster in US immigration detention facilities, documenting how the Trump administration was failing to adequately protect tens of thousands of immigrants and asylum- seekers whom the U.S. Department of Homeland Security’s (“DHS”) Immigration and Customs Enforcement (“ICE”) agency was detaining in over 200 detention centers across the United States.1

Three of these facilities detain families, including infants as young as 1-year-old who are still breast-feeding. Deceptively named “family residential centers” (FRC), these detention facilities are: the Berks County Residential Center (“Berks”) in Leesport, Pennsylvania; the South Texas Family Residential Center (“Dilley”) in Dilley, Texas; and the Karnes County Residential Center (“Karnes”) in Karnes City, Texas.

While the dangerous conditions in immigration detention remain little changed since Amnesty International published its April report, ICE has now introduced a new element of harm: family separation. Once again, this administration is weaponizing its public health response to COVID- 19 to punish and deter people seeking safety.

. . . .

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

Read the complete report at the above link.

The regime’s “Dred Scottification” — dehumanization of “the other” before the law — continues unabated as those institutions charged with preventing such abuses tank.

This November, vote like your life depends on it! Because it does!

PWS

O5-22-20

🏴‍☠️CHILD ABUSE/“CRIMES AGAINST HUMANITY”☠️ – Scofflaw DHS Officials Scheme to Avoid Flores, Separate Kids, Put Families in New American Gulag (“NAG”) – Julia Edwards Ainsley Reports for NBC News!

Julia Ainsley
Julia Edwards Ainsley
Investigative Reporter, NBC News

 

https://www.nbcnews.com/politics/immigration/family-separation-back-migrants-u-s-mexican-border-say-advocates-n1208186

 

Julia writes:

 

WASHINGTON — Several immigrant rights organizations are outraged by a new choice U.S. Immigration and Customs Enforcement is presenting to migrant parents: Separate from your child or stay together in detention indefinitely.

Starting on Thursday, the groups claim, ICE began distributing a form in all three of its family detention centers that would allow parents to apply for their minor children to be released. The form, a copy of which was obtained by NBC News, states that it is in compliance with the Flores court agreement, which prohibits ICE from holding minors for more than 20 days.

The released children are placed with family members, sponsors or placed in the custody of the Department of Health and Human Services.

The Trump administration faced intense criticism for a Zero Tolerance policy in 2018 in which undocumented migrant children were separated from parents who had illegally crossed the order. The policy was implemented in May 2018 but reversed after an outcry in June.

Click here to see the form.

The current, “voluntary” concept was previously termed “binary choice,” but has never been fully implemented. Now, lawyers representing clients in ICE family detention say parents may be persuaded to separate from their children if they are worried about exposing them to COVID-19 in detention.

The timing is no coincidence, said Shayln Fluharty, director of the Dilley Pro Bono Project, which provides legal services for families in detention in Dilley, Texas. A federal judge recently told ICE it was not in compliance with the Flores agreement, and the forms, said Fluharty, are a way for ICE to show that these parents have chosen to keep their children in detention.

. . . .

 

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

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

 

Just another “in your face” unlawful move by DHS officials sending a strong message of contempt to the Federal Judges handling various aspects of the regime’s intentional child abuse, family separation, and punishing asylum seeking families by needless imprisonment in the New American Gulag (“NAG”).

 

Yes, the District Court Judges handling these matters have ordered the Government to take various forms of corrective action. But, even where the judges use forceful language, it’s largely ineffective to change illegal policies. The regime and its officials just play “hide the ball” and develop schemes and “work arounds” to violate the law and court orders in other ways. That they continue to do this over and over – a strategy known as “malicious compliance” – shows their total disrespect for the Federal Courts and that they share Trump and Miller’s belief that they are above the law.

 

So far, particularly in the immigration and refugee area, the scofflaws have largely prevailed. They have dismembered immigration and asylum laws with neither legislative enactments nor meaningful judicial consequences. They have publicly and arrogantly “thumbed their noses” at court orders they don’t like. Unless and until the Federal Judges back up their orders by holding Chad Wolf and other scofflaw officials in contemptreal contempt – jail time not just meaningless fines – the abuse and the open disregard for the rule of law and for the authority of Federal Judges will continue.

 

The law, our Constitution, and human rights will continue to be mocked. Even the best of Federal Judges will appear feckless unless and until they start treating immigration officials as the lawless criminals they actually are!

 

Undoubtedly, some of the children and families intentionally being abused, dehumanized, and punished  by the Trump regime as Federal Courts play bystander won’t survive long enough to tell their stories. But, some will. While those officials, legislators, and judges enabling, or in some cases masterminding and encouraging, these abuses appear likely to escape “temporal” legal accountability for their actions, moral and historical accountability are a different matter altogether. Lots of folks who believe they are “operating under the radar screen” are going to look very bad when the light of history shines on the grotesque human rights, moral, and constitutional violations at our borders and in our Gulags and those who carried them out or failed to effectively halt them.

 

Due Process Forever. Feckless Courts Never!

 

PWS

 

05-18-20

 

US DISTRICT JUDGE DANA SABRAW REJECTS ACLU CLAIM THAT DHS HAS RETURNED TO POLICY OF “SYSTEMATICALLY SEPARATING” FAMILIES AT BORDER

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters
Kanishka Singh
Kanishka Singh
Political News Journalist
Reuters

 

https://www.reuters.com/article/us-usa-immigration-children/judge-rules-in-favor-of-trump-administration-in-family-separation-case-idUSKBN1ZD1LY?il=0

Judge rules in favor of Trump administration in family separation case

(Reuters) – A U.S. federal judge has ruled that the Trump administration’s ongoing separations of families at the U.S.-Mexico border based on parents’ criminal history or health exclusions are being carried out with proper discretion.

Mexican asylum seekers camping near the Paso del Norte international border crossing bridge while waiting to apply for asylum to the U.S. are evicted by the local government, who will move them to a local shelter, in Ciudad Juarez, Mexico January 7, 2020. REUTERS/Jose Luis Gonzalez

The ruling, by U.S. District Judge Dana Sabraw in San Diego, California, on Monday, was a rare victory for the government in a case that has been ongoing since 2018.

The American Civil Liberties Union (ACLU) first brought the case over President Donald Trump’s “zero tolerance” policy of criminally prosecuting all border crossers, which led to the separation of hundreds of families and sparked national outrage. Sabraw had ordered the administration to find and reunite separated families.

Trump officially halted the practice with an executive order on June 20, 2018. But the ACLU claimed in court that since then, the government has continued the practice and separated more than 1,000 families in violation of Sabraw’s order.

The government has said it separates families when it suspects the parent has a criminal record, a communicable disease, or when there are questions about the relationship between the adult and the migrant child. It claimed its current practice is no different than prior administrations.

The rights group argued, however, that the administration was taking children from parents when they had only minor infractions like traffic violations or previous illegal border crossings.

Sabraw found government officials were “generally exercising their discretion to separate families at the border” in a manner consistent with migrants’ “rights to family integrity and the Court’s orders.”

The judge added there was no evidence before the court that the government has “returned to systematically separating families at the border.”

Sabraw did say that the government should use its rapid DNA testing technology to confirm parentage and not separate families based on “subjective concerns” alone.

The ACLU highlighted that part of the ruling in a statement: “The court strongly reaffirmed that the Trump administration bears the burden if it attempts to separate families based on an accusation that the adult is not the child’s parent,” ACLU attorney Lee Gelernt said.

The group said it was considering its next move in the case.

The U.S. Department of Justice did not immediately respond to a request for comment.

Reporting by Kanishka Singh in Bengaluru and Mica Rosenberg in New York; Editing by Chizu Nomiyama and Matthew Lewis

 

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

While most news commentators to date have viewed this as a “victory” for the Trump Administration,” Judge Sabraw did reaffirm the principles of his original injunction that had forced a change in Government policy. He did, however, reject the ACLU’s request for expanded injunctive relief, except for timely DNA testing. He found no evidence that the DHS had failed to comply with the terms of the prior injunction on a systemic basis.

 

PWS

 

01-14-20

DRAGGING OUR COUNTRY THROUGH THE MUD: Trump Regime Seeks To Expand Kiddie Gulag, Detain Families Indefinitely, To Persecute Brown-Skinned Refugees — “Big Mac With Lies” Fabricates Rationale! — Family Detention Is Inappropriate & Unnecessary — A Hoax Being Perpetrated On The American People!

https://www.wsj.com/articles/trump-administration-unveils-plan-to-hold-migrant-children-in-long-term-detention-with-parents-11566394202?emailToken=4c4cef15494942e910d1a88399f30468h/KobQ7iZDpXs3+1U0UyU/6Llg8yPWOeC8NON3gVk0aHveiieP2ipZ/k5yIsdu5tOIl+M5NwqQd3m5dATQluPq4eXG90TKl9KSsbeoCCMsuuLKJlleMAX1vFUKKBEkR0pBAWATMgJ03qd2aW8xT7qIOnyXUMQs0yOmge7FJu78Q%3D&reflink=article_email_share

Michelle Hackman
Michelle Hackman
Education Reporter
Wall Street Journal

Michelle Hackman reports for the WSJ:

WASH­ING­TON—The Trump ad­min­is­tra­tion moved to al­low the gov­ernment to in­def­i­nitely de­tain fam­i­lies cross­ing the U.S.-Mex­ico bor­der and su­persede a decades-old court set­tle­ment that both lim­its how long mi­grant chil­dren can be held in cus­tody and sets stan­dards for their care.

The new rules are the Re­pub­li­can ad­min­is­tration’s lat­est ef­fort to tighten im­mi­gra­tion laws on its own, with Con­gress long un­able to agree on any le­gal over­haul. Wednesday’s pol­icy change could per­mit au­thor­i­ties to de­tain fam­i­lies through the du­ration of their im­mi­gra­tion pro­ceed­ings, rather than re­lease them or sep­a­rate chil­dren from their detained par­ents.

Im­mi­gra­tion-rights ad­vo­cates are ex­pected to chal­lenge the rules in fed­eral court, where they have blocked the ad­min­istra­tion be­fore. A le­gal chal­lenge would likely keep the pol­icy from tak­ing im­me­di­ate ef­fect.

Ad­min­is­tra­tion of­fi­cials say the new rules are in­tended to dis­cour­age fam­ily mem­bers from at­tempt­ing to cross the bor­der to­gether in the be­lief that they will gain an ad­van­tage in lodg­ing their asy­lum claims be­cause of the cur­rent de­ten­tion lim­its for chil­dren. “No child should be used as a pawn to scheme our im­mi­gra­tion sys­tem,” said act­ing De­partment of Home­land Se­cu­rity Sec­re­tary Kevin McAleenan on Wednes­day.

. . . .

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

Those with WSJ access can read Michelle’s complete article at the above link.

As Michelle points out, McAleenan and his corrupt DHS flunkies are simply “making it up” as they go along to justify unconstitutional, racist policies intended to target legitimate asylum seekers based on the color of their skin. By continuously doing “in your face” moves, often with little expectation of success in the in the courts, but a great expectation of rallying racial animosity for political gain, Big Mac & Co. are misusing their access to Federal Courts, constantly violating their oaths of office, and making a mincemeat out of Federal and State professional ethics rules.

Contrary to Big Mac’s false blather, the “solution” to the exodus of refugees is straightforward and not prohibitively expensive:

  • Release them to community placements;
  • Help them find pro bono lawyers;
  • Ask judges to schedule court cases at the earliest possible date consistent with the legitimate needs of those pro bono lawyers;
  • See what happens on the merits of their asylum cases in a fairer, non coercive system where applicants are encouraged to fully develop claims assisted by lawyers who understand the complexities of asylum law. (This is actually the way the U.N. Convention-based system is supposed to work, but too often doesn’t).

As I have pointed out before, even with unabashed bias and the open encouragement by the Trump  Administration of blatant anti-asylum adjudications, a significant number of represented Central American applicants continue to win their claims both before the Asylum Office and in Immigration Court.

Without the effects of intentionally coercive detention, and gimmicks intended to limit access to counsel and inhibit preparation, many of those who lose in Immigration Court will have a fair opportunity to exercise their legal rights to pursue their claims before Article III Appellate Courts. While far, far too deferential to flawed agency decision makers, the Article IIIs are much closer to operating as fair, impartial, and unbiased decision-makers than are Immigration Judges working for Barr and his White Nationalist regime. 

Over time, I think many more asylum seekers will win their claims. But, whether that happens or not, the process will have more legitimacy. U.S. asylum law will come to represent more than the Administration’s anti-asylum ideology. Those who lose their cases after exhausting their legal avenues for appeal can be removed in a dignified and humane manner after receiving full Due Process. 

This incident also graphically illustrates the “reward” received by those Democrats who recently worked in good faith with the Administration to pass “emergency border funding.” Rather than returning that good faith by using funds to improve conditions in detention and to explore the many available options to reduce the instances of detention, the Administration is squandering money in an almost certain to be DOA attempt to expand their White Nationalist Gulag to unnecessarily punish more (Hispanic) families for asserting their legal rights to apply for protection under U.S. laws.

I have seen little or no evidence that this “emergency funding” — falsely advertised as “necessary” to put food in kids mouths and provide them medical care — has been used for those purposes. By all reliable accounts, conditions in DHS detention remain intentionally deplorable. Instead of working in good faith with public interest groups and Democrats to solve the problems with border detention, Big Mac & Co. are off wasting time and abusing their publicly funded salaries by spreading lies and insulting the intelligence of Federal Judges. 

Indeed, Big Mac regularly ignores the overwhelming body of medical evidence that any amount of detention has potential lifetime adverse effects upon young people. The idea that the “Flores settlement,” which has been in effect for years prior to the Trump regime, is primarily responsible for fueling a surge of children fleeing the Northern Triangle is beyond absurd. Moreover, as Big Mac is undoubtedly aware, the increase in child refugees is part of a worldwide trend that transcends any particular U.S. court settlement. Actually, it’s the dumb policies of the Trump Administration and their insistence on using gimmicks rather than the legal mechanisms available that has fueled the profits of smugglers.

Enough! This Administration simply cannot be trusted on anything involving immigration and humanitarianism. Democrats need to demand fundamental, demonstrable changes at DHS, including a phase out of most civil detention, and a commitment to fair access to the legal system, as a condition for providing any further funding.

Due process forever; Big Mac and his lies, never!

PWS

08-22-19

ACLU COURT EVIDENCE SUGGESTS McALEENAN LIED TO CONGRESS WHILE VIOLATING COURT ORDER ON CHILD SEPARATIONS — Continuing Separations Appear To Be Part Of Intentional Misapplication & Misinterpretation Of Narrow “Exception” — “Best Interests Of Child” Buried Beneath A Web Of Deception

https://www.washingtonpost.com/immigration/aclu-us-has-taken-nearly-1000-child-migrants-from-their-parents-since-judge-ordered-stop-to-border-separations/2019/07/30/bde452d8-b2d5-11e9-8949-5f36ff92706e_story.html

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

Maria Sacchetti reports for the WashPost:

Lawyers for the American Civil Liberties Union told a federal judge Tuesday that the Trump administration has taken nearly 1,000 migrant children from their parents at the U.S.-Mexico border since the judge ordered the United States government to curtail the practice more than a year ago.

In a lengthy court filing in U.S. District Court in San Diego, lawyers wrote that one migrant lost his daughter because a U.S. Border Patrol agent claimed that he had failed to change the girl’s diaper. Another migrant lost his child because of a conviction on a charge of malicious destruction of property with alleged damage of $5. One father, who lawyers say has a speech impediment, was separated from his 4-year-old son because he could not clearly answer Customs and Border Protection agents’ questions.

Acting Homeland Security secretary Kevin McAleenan has said that family separations remain “extraordinarily rare” and happen only when the adults pose a risk to the child because of their criminal record, a communicable disease, abuse or neglect. Of tens of thousands of children taken into custody at the border, 911 children were separated since the June 26, 2018, court order according to the ACLU, which cited statistics as of June 29 that the organization received from the government as part of ongoing legal proceedings.

During a July 12 tour of a detention center in McAllen, Tex., reporters saw almost 400 men being held in cages. They allegedly crossed the border illegally. (The Washington Post)While the judge recognized that parents and children might still be separated when a parent is found to pose a risk to their child, the ACLU and others say federal immigration and border agents are splitting up families for minor alleged offenses — including traffic violations — and urged the judge Tuesday to clarify when such separations should be allowed.Approximately 20 percent of the new separations affected children under 5 years old, the ACLU said, compared with about 4 percent last year.

“They’re taking what was supposed to be a narrow exception for cases where the parent was genuinely a danger to the child and using it as a loophole to continue family separation,” ACLU lawyer Lee Gelernt said in an interview. “What everyone understands intuitively and what the medical evidence shows, this will have a devastating effect on the children and possibly cause permanent damage to these children, not to mention the toll on the parents.”

[Accused of gang ties, separated parents struggle to get their kids back]

The Justice Department and the Department of Homeland Security declined to comment Tuesday.

The tally of child separations adds to the approximately 2,700 children who were taken from their parents during a chaotic, six-week period from May to June 20 last year, when a Trump administration border crackdown triggered one of the worst crises of his presidency.

The policy sought to deter a crush of asylum seekers, who were surrendering as families at the U.S. southern border, by prosecuting parents for the crime of illegal entry and sending their children to federal shelters. Reports of traumatized, crying children led to widespread demands to reunite the families.

Venezuelan migrant mothers and their children turn themselves in to law enforcement officials to seek asylum after illegally crossing the Rio Grande near Mission, Tex., on July 25. (Loren Elliott/Reuters)

Trump ordered federal officials to stop separating families on June 20, 2018, and said it is the “policy of this Administration to maintain family unity” unless the parent poses “a risk” to the child.

Six days later in San Diego, U.S. District Judge Dana M. Sabraw, an appointee of President George W. Bush, ordered the Trump administration to reunite the families, a process that dragged on for months because the government had failed to track the parents and children after splitting them up. A still-unknown number of families were separated before the policy officially began.

McAleenan, who at the time signed off on the zero tolerance policy and carried it out as commissioner of U.S. Customs and Border Protection, told the Senate Homeland Security and Governmental Affairs Committee in May that family separations are “extraordinarily rare” and make up a tiny portion of the now more than 400,000 families taken into custody at the border since the court ruling.

Central American migrants walk along train tracks as they head toward the United States in Saltillo, Mexico, on July 24. (Daniel Becerril/Reuters)

At that time, he testified, about one to three family separations happened out of about 1,500 to 3,000 family members apprehended each day. He also said then that separations occur “under very controlled circumstances.”

Testifying before the U.S. House Oversight and Reform Committee on July 18, McAleenan emphasized that the separation process is “carefully governed by policy and by court order” to protect the children.

“This is in the interest of the child,” he said. “It’s overseen by a supervisor, and those decisions are made.”

[IG: Trump administration took thousands more migrant children from parents]

Of the 911 child separations, 678 were for alleged criminal history, the ACLU said Tuesday, citing government records. Offenses included drunken driving, assault and gang affiliation, as well as theft, disorderly conduct and minor property damage.

Many cases lacked details about the alleged crimes, the ACLU said, and several charges were decades old. Among those separated because of concerns about parental fitness were an HIV-positive father of three young daughters and a mother who broke her leg and required surgery.

Child advocates and medical professionals have repeatedly warned that separating children from their parents can lead to lasting severe physical and emotional disorders.

“Forcibly separating children from their parents is like setting a house on fire,” Jack Shonkoff, a pediatrics professor at Harvard Medical School, said in an affidavit included in the ACLU’s motion. “Prolonging that separation is like preventing the first responders from doing their job and letting the fire continue to burn.”

Jennifer Nagda, policy director of the Young Center for Immigrant Children’s Rights, a child advocate for unaccompanied and separated children, told the U.S. House Committee on Oversight and Reform that the group represented about 120 children and found that nearly all separations were “contrary to the best interests of the child.”

“DHS officials with no child welfare expertise are making split-second decisions, and these decisions have traumatic, lifelong consequences for the children and their families,” Nagda said in her testimony. She also filed an affidavit in the ACLU’s case Tuesday.

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It’s with very good reason that I consider “Big Mac With Lies” to be one of the most dishonest and dangerous public officials in America.

Some reporters seem to mistakenly “cut him some slack” because he: 1) served in the Obama Administration (which had its own very dismal record on treatment of families and children seeking asylum); and 2) unlike folks such as  “Gonzo,”  “Cooch Cooch,” Miller, Kobach, et al., he’s not a “lifelong White Nationalist ideologue.” 

But, I don’t see how being a liar, apologist, “cover up artist,” and human rights abuser in support of a racist White Nationalist Administration is somehow “better” than being a “true believer” in White Nationalist racism. Falsely claiming that Guatemala and Mexico are “Safe Third Countries,” that asylum applicants won’t show up for hearings (when they almost always do, particularly when they are given access to lawyers and have the system properly explained to them), and falsifying stats to paint an untruly negative picture of asylum seekers from Central America is no less vile than Trump’s lies and racist tweets.

As a lawyer and a graduate of Amherst Collge and Chicago Law, “Big Mac” is cerainly smart enough to know that places like Guatemala and Mexico don’t come remotely close to satisfying the legal definition of a “Safe Third Country.” He also has enough Government immigration enforcement experience to know for sure that the extralegal, cruel, and ineffective “enforcement only” approach he disingenuously advocates as a “Trump toady” won’t come anywhere near to solving the problems driving forced migration or saving the lives of the vulnerable.

I actually have a better understanding of what drives the Trumps, “Gonzos,” Millers, and “Cooch Cooches” of the world than what drives corrupt public servants like McAleenan to violate their oaths of office and to pick on those whose rights and human dignity they should be standing up for, no matter how vile the leadership of the Administration they nominally serve (actually, they serve the American people, not any particular political leader) might be.”Big Mac” is a disgrace to honest Federal civil servants and to all Americans who believe in democracy and “good government.” History must hold him accountable.

PWS

08-01-19

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.”

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

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