HISTORICAL TRIBUTE: SAM BERNSEN (1919-2020) GIANT OF AMERICAN IMMIGRATION — By Kyle Swenson, As Told By Stuart Bernsen (Sam’s Son) in WashPost

Sam & Paul
Sam & Me at his FDP, DC Retirement, June 4, 1993
Photo by Betty Bernsen
PWS Archives

 

 

 

 

 

When Sam Bernsen was born in the summer of 1919, the world was still in the throes of an influenza pandemic. One hundred and one years later, he died in Bethesda after contracting another virus that ballooned into a global pandemic. But between those two world-shaking health events, Bernsen lived a full life packed with public service, baseball and family.

“I consider myself the luckiest person in the world having him as a father,” son Stuart Bernsen said. “He was full of love for his family and his extended family and his friends. He was a wonderful and optimistic person.”

Sam Bernsen died of covid-19 on July 26.

[Those we have lost to the coronavirus in Virginia, Maryland and D.C.]

His family emigrated from Eastern Europe in 1900, his son said. He was born in the Bronx on July 13, 1919. He was the youngest of seven children. “He was kind of raised by his sisters,” Stuart said.

Bernsen’s father was a tailor, and the family was poor. Growing up, Bernsen and the youths from the neighborhood took joy in the success of their hometown New York Yankees, then fielding a mythic squad anchored by sluggers Babe Ruth and Lou Gehrig — Bernsen’s favorite player.

There was no way the children of immigrants scraping out a life in the city could afford tickets to the games, so Bernsen and his friends would climb to the roof of a building overlooking the outfield near Yankee Stadium and watch the games from there.

. . . .

Bernsen later served as the general counsel for the Immigration and Naturalization Service from 1974 to 1977.

“He knew the policies and the stories behind every regulation and operating instruction, as well as the history of all the immigration statutes from the 1924 Act on,” retired immigration judge Paul Wickham Schmidt, a friend and former colleague, wrote in an online remembrance, adding, “Sam had progressive views on using court decisions and common sense to make the immigration laws function better and easier to administer for everyone, at least in some small ways.”

. . . .

https://www.washingtonpost.com/dc-md-va/2021/04/06/sam-bernsen-dies-covid-19/

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Read the entire obit at the above link.

Here’s my tribute to Sam from Courtside, written last summer at the time of his death:

https://immigrationcourtside.com/2020/07/30/%EF%B8%8Fa-legal-giant-passes-sam-bernsen-1919-2020-public-servant-law-partner-teacher-scholar-mentor-humanitarian-advocate-for-due-pr/

Also, from “the archives,” courtesy of Stuart, here’s a copy of my thank you note to Sam for being the “keynote speaker” at my investiture at the Arlington Immigration Court in June 2003:

LtrPaulSchmidt to SamB on InvestitureRemarks June 2003 Scan_20201128

RIP, my friend, mentor, and law partner!

PWS

04-07-21

🛡⚔️ROUND TABLE SUPERHERO 👨🏻‍⚖️JUDGE (RET) JOHN GOSSART SPEAKS OUT FOR JUSTICE IN BALTIMORE SUN OP-ED!

 

Judge John F. Gossart, Jr.
Retired Judge John F. Gossart, Jr.
Member, Round Table of Former Immigration Judges
Photo Source: YouTube.com

https://www.baltimoresun.com/opinion/op-ed/bs-ed-op-0207-pbj-deportation-20210205-4td5rmdayraobpp4fejuvdxfo4-story.html

A finding of ‘probation before judgment’ should never lead to deportation | COMMENTARY

By JOHN F. GOSSART JR.

FOR THE BALTIMORE SUN |

FEB 05, 2021 AT 5:31 AM

“May God forgive you, because I cannot.”

These words were written to me in a letter while I was a United States immigration judge at the Baltimore Immigration Court, where I presided for 31 years. The letter was written by the wife of a man I had ordered deported. In so doing, I had permanently separated a father and husband from his wife and children. These words will stay with me for the rest of my life.

Michelle Jones’ husband, Daryl, was charged with a minor offense in Maryland. Like many first-time offenders and individuals charged with minor violations, he was given probation before judgment (PBJ). This meant that Daryl, a lawful permanent resident of the United States was not convicted under Maryland state law. For United States citizens, a Maryland PBJ poses no further consequences unless they violate the terms of their probation. But for non-citizens like Daryl, the legal consequences can be far more dire.

Although a PBJ is not considered a conviction under state law, it is considered a conviction under federal law and therefore triggers immigration consequences, such as detention and deportation. I have witnessed countless non-citizens be ordered deported as a result of a PBJ and the devastation to their families that follows. I myself have ordered the deportation of hundreds of Maryland residents like Daryl because of a PBJ. It didn’t matter that these individuals had been deemed worthy of a second chance and not convicted under Maryland law. Their PBJs condemned them to the gravest punishment — deportation under federal immigration law — leaving me with no judicial discretion. My hands were tied by the law.

The Maryland General Assembly has the opportunity, and the responsibility, to correct this unjust system by amending the PBJ statute. That is why I am asking the Maryland General Assembly to pass legislation (House Bill 354/Senate Bill 527) that would make probation before judgment accessible to all Maryland residents, regardless of citizenship status. The amendment would merely change the process by which a PBJ is entered; the impact of a PBJ would remain unchanged.

This bill ensures that the consequences of PBJs are the same for citizens and non-citizens alike, narrowing the disparities in our criminal justice and immigration systems, which disproportionately affect people of color. And for someone like Daryl, it would have been the difference between deportation and staying in the country to be with his family and watch his kids grow up.

. . . .

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Read the full op-ed at the link.

All of us who have served on the immigration bench have had cases like Daryl’s where the result is unjust and there is no sensible explanation for what we were forced to do.

The time for rationalizing and humanizing our immigration laws is here. As my long-time friend and colleague (we were “present at the beginning” of EOIR) John says, we must seize and act on every opportunity to make due process and equal justice under law a reality for all persons in America!

Thanks, my friend and colleague!

Historical trivia:  I made one of my rare Immigration Court appearances before Judge Gossart in a pro bono case when I was at Frogomen DC. It was an asylum case, and we won at the preheating conference! I do remember that Judge Gossart was pretty peeved at me because I refused to concede removability, asserting my client’s right to be in and remain in the U.S. as a refugee/asylee. He “ripped me” on that issue, but we won on everything else. The INS Attorney didn’t contest it, as I remember.

One of my other pro bono appearances was before my friend and Round Table colleague Judge Joan Churchill in Arlington. Won that one too — recollect it was a withholding of removal case, also resolved through pretrial agreement with the INS Attorney at the suggestion of Judge Churchill.

Didn’t get to show off my “litigation skills” in either case. Probably just as well. A “W” is a “W,” and a life saved is a life saved!

⚖️🗽🇺🇸Due Process Forever!

PWS

02-05-21