🤮👎🏽GREGG ABBOTT IS A MISOGYNIST MORON, A RACST VOTE SUPPRESSOR, & OTHER STUFF WE ALREADY KNEW FROM BESS LIVIN @ VANITY FAIR!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Levin Report: Dumbass Texas Governor Claims No-Exceptions Abortion Law Is Fine Because He’s Going to “Eliminate” Rape

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If you’re a person who believes it’s literally no one’s business who gets an abortion other than that of the pregnant individual undergoing the procedure, you’ve likely been incandescent with rage since the Supreme Court’s conservative majority decided to allow Texas to proceed with an insane law that prohibits terminating pregnancies after six weeks, with no exceptions for rape or incest. That anger likely stems from not just the law itself but having to listen to the chorus of dumbass voices who’ve come out backing Texas for effectively banning people from obtaining an abortion, from Tucker Carlson, who opined that the law shows “democracy does still exist,” to California gubernatorial candidate Caitlyn Jenner, who ironically commented that she supports Texas’s right to choose its own laws.

Of course, another one of those voices is the Lone Star state governor Greg Abbott, who signed the bill into law in May, saying at the time, “Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion,” and that the Texas Legislature “worked together on a bipartisan basis to pass a bill that…ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion.” (That both sides of the aisle supported the bill would be news to Texas Democrats, as just a single one of them voted for it.)

Asked on Tuesday why his state felt the need to “force a rape or incest victim to carry a pregnancy to term,” Abbott responded like only a person who really, really hates women can, claiming, “It doesn’t require that at all.” He added: “Because obviously it provides at least six weeks for a person to be able to get an abortion, so for one it doesn’t [require] that. That said, however, let’s make something very clear. Rape is a crime and Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”

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There’s a lot to unpack here, so let’s start with the fact that Abbott is claiming that because the law allows for abortion up to six weeks, it’s not forcing anyone to do anything. As doctors, people who’ve been pregnant before, and people who’ve bothered to read a book on the subject before crafting legislation on it have noted, by the time a person misses her first period, she’s already roughly four weeks pregnant. That means that under Texas law, someone would have no more than two weeks, not six, to determine she’s pregnant and decide whether or not to get an abortion. Even in the case of people who are actively trying to get pregnant, that window can narrow even further for numerous reasons including if they have irregular cycles. Usually, then, one would make an appointment with a doctor to confirm the pregnancy, and as Abbott may or may not know, healthcare in America is not the greatest, so she may not be able to be seen for several weeks. And that hugely generous two weeks is not only a joke for many people actively trying to have a child, but for the majority of people who are not. “It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” Jennifer Villavicencio, M.D., lead for equity transformation at the American College of Obstetricians and Gynecologists, told The New York Times. In other words, Abbott should fuck all the way off with his “obviously it provides at least six weeks for a person to be able to get an abortion.”

Then there’s the hilarious remark that he’s going to eliminate rape in Texas, so not allowing individuals to terminate pregnancies that result from heinous crimes is a moot point. Really, Abbott is going to make Texas rape-free? If he had that power, why didn’t he do it prior to enacting this law? The victims of the 14,824 reported rapes in his state in 2019, when he was four years into his first term, would probably love to know! (For those of you keeping up at home, that figure made Texas the No. 1 state for rape that year.)

Of course, Abbott is far from the first politician to say something ridiculously idiotic about abortion and rape. In fact, he joins a long line of assholes who’ve smugly offered their moronic two cents on the matter, an illustrious group that includes:

  • The Ohio state legislature, which introduced a bill in 2019 requiring doctors to “reimplant an ectopic pregnancy” into the uterus, or face charges of “abortion murder,” despite the fact that such a procedure is medically impossible;
  • Former Texas state representative Jodie Laubenberg, who claimed while in office that rape victims don’t need access to legal abortion, because they can get “cleaned out” with rape kits, which obviously is not at all how rape kits work;
  • Representative Michael Burgess, who somehow obtained a medical degree in 1977, and declared that male fetuses masturbate in utero—naturally, there is no evidence of this—, so abortions shouldn’t be allowed;
  • Former North Carolina state representative Henry Aldridge, who once said, “The facts show that people who are raped—who are truly raped—the juices don’t flow, the body functions don’t work, and they don’t get pregnant. Medical authorities agree that this is a rarity, if ever.” (Medical authorities do not agree with this);
  • Former congressman Todd Akin, who boldly declared on the campaign trail: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

Welcome to the club, Greg! Can’t wait to hear you parse the nuances of putting $10,000 bounties on the heads of individuals trying to help people escape your barbaric law.

 

In other Abbott news…

When he’s not signing and defending disgraceful abortion bills, he’s disenfranchising millions of his constituents. Per Bloomberg:

Greg Abbott on Tuesday signed one of the nation’s most aggressive laws curbing access to the ballot, joining a wave of such restrictions enacted after former President Donald Trump’s false claim that the 2020 election was stolen. The legislature passed the measure last month after an exodus from the state by Democratic lawmakers during the first of two special sessions. After the walkout sputtered, Republican lawmakers passed the bill without delay.

Republicans have spent months raising doubts about the 2020 election, which experts say was one of the nation’s most secure. Now, supporters of new state laws say too many voters have lost faith in voting systems, and must be reassured.

“We must have trust and confidence in our elections,” Abbott said at a signing ceremony in Tyler, Texas. “The bill that I’m about to sign helps to achieve that goal. It ensures that every eligible voter will have the opportunity to vote.” Of course, that’s an interesting way to describe a law that makes it harder to vote, by, among other things, ending drive-thru voting, limiting mail-in voting, and endowing partisan poll watchers with more power. In a tweet, the American Civil Liberties Union wrote “This law is unconstitutional and anti-democratic. Texas—we’ll see you in court. Again.” Beto O’Rourke, the former Democratic U.S. representative from El Paso, wrote in a statement: “Governor Abbott is restricting the freedom to vote for millions of Texans. Instead of working on issues that actually matter, like protecting school kids from Covid or fixing our failing electrical grid, Abbott is focused on rigging our elections and implementing extreme, right-wing policies.”

. . . .

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You can check out the rest of the always lively and entertaining “Levin Report” at the above link. Like their lost idol, Abbott & DeSantis are plumbing the absolute bottom of American politics and actually killing and irreparably harming their “constituents” as they do it. Undoubtedly, that will make them “heroes” in today’s existentially dangerous “anti-heroic, anti-democracy” GOP!

PWS

09-08-21

 

LEFT OUT IN THE COLD: Analysis By Nicole Narea @ VOX Shows How Millions Of Tax Paying Migrants, Many Performing Essential Services & With U.S. Citizen Kids, Have Been Excluded From Pandemic Relief — Fed Official Says Everyone Should Be Included in Stimulus! 

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/Ae8uHwJYRQUm2xAC1CUtbOQ

Nicole writes:

President Donald Trump signed a $2 trillion coronavirus relief bill last week that promises to mitigate the impact of the crisis on workers — but it leaves out many immigrants.

The bill, known as the CARES Act, delivers direct payments to most taxpayers, vastly expands unemployment benefits, and makes testing for the virus free, among other provisions. But although unauthorized immigrants are no more immune from the effects of the current crisis, the stimulus bill conspicuously leaves them out in the cold — potentially putting them at greater economic and health risk, and impeding public health efforts to stop the spread of coronavirus.

The unauthorized worker population is particularly vulnerable to the virus due to inadequate access to health care. Noncitizens are significantly more likely to be uninsured compared to US citizens, which may dissuade them from seeking medical care if they contract the virus. Compounding matters are the Trump administration’s hardline immigration policies — including wide-scale immigration raids and a rule that can penalize green card applicants for using Medicaid — which have made noncitizens afraid to access care. These factors pose a problem for America’s efforts to slow the spread of the virus, which has killed more than 3,400 in the US as of March 31.

“We’re operating in an environment where we’re constantly having to reassure patients that they can access services,” Jim Mangia, CEO and president of St. John’s Well Child and Family Center — a network of community health centers in the Los Angeles area that serve about 32,000 undocumented immigrants annually — said in a press call. “It’s a constant struggle and in the midst of a pandemic, it’s even more difficult and more dangerous.”

While many immigrants are continuing to work in essential fields, ranging from medical care to cleaning to grocery stores, they may take an economic hit like many other workers who are facing layoffs, furloughs, and pay cuts. And absent financial relief for the population of unauthorized immigrants workers in particular, many may try to continue going to work despite public health warnings to stay home, which could further spread the virus and pose a risk to public health.

“Those who cannot obtain relief are likely to continue going out and trying to earn a living, at the risk of themselves and spreading the virus to others,” Theresa Cardinal Brown, director of immigration and cross-border policy at the Bipartisan Policy Institute, told Vox. “The cost of providing this benefit to them has to be weighed against the need to keep up the restrictions to stop the virus spread.”

Immigrants are eligible for some free testing

Here’s one thing the bill does offer to unauthorized immigrants: free coronavirus testing at government-funded community health centers through a $1 billion federal program. But some community health centers have already reported shortages of tests; Mangia said St. John’s only had 39 tests last week when almost 900 patients presented with symptoms of Covid-19, the illness caused by the novel coronavirus.

. . . .

Many immigrants won’t receive cash-based benefits

But the centerpiece provisions of the bill — the expanded unemployment benefits and up to $1,200 in cash payments to taxpayers — won’t be accessible to millions of immigrants.

“Immigrant workers and families who are paying taxes have been cut out from receiving a single dollar,” Marielena Hincapié, executive director of the National Immigration Law Center, said in a statement.

The bill increases unemployment benefits by $600 for all workers for up to four months, on top of what they would get from unemployment insurance. As my colleague Dylan Matthews writes, this is a huge increase from January, when the average UI check was $385 per week.

But only immigrants who can show that they’re authorized to work in the US can file for unemployment, including green card and temporary visa holders. For visa holders who have been laid off during the crisis, they will only be eligible for unemployment for as long as their visa stays valid. That’s a period of 60 days for those on H-1B skilled worker visas, unless they find another job in that time — an unlikely prospect given that many businesses have already instituted hiring freezes.

Only some states, including California and Texas, allow beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program, which offers work permits to some 700,000 unauthorized immigrants who came to the US as children, to file for unemployment. Unauthorized immigrant workers more broadly — who number some 7.6 million, according to the Pew Research Center — are also typically ineligible for unemployment, but policies differ by state.

Under the stimulus bill, the government will also start sending out checks to most taxpayers starting in April. The amounts range based on income, but they’re phased out for individuals making more than $99,000 and couples making $198,000.

Only immigrants who have Social Security numbers can receive those checks, including green card holders and “resident aliens” who have lived in the US long enough (usually five years) to file taxes as residents. Temporary visa holders, DACA recipients, and beneficiaries of Temporary Protected Status — which the US has historically offered to citizens of countries suffering from catastrophes such as natural disasters or armed conflict — could therefore qualify.

But there is a big exclusion for those in households with people of mixed immigration status, where some tax filers or their children may use what’s called an Individual Taxpayer Identification Number (ITIN).

The IRS issues ITINs to unauthorized immigrants so they can pay taxes, even though they don’t have a Social Security number. If anyone in the household uses an ITIN — either a spouse or a dependent child — that means no one in the household will qualify for the stimulus checks, unless one spouse served in the military in 2019.

The stipulation could impact an estimated 16.7 million people who live in mixed-status households nationwide, including 8.2 million US-born or naturalized citizens.

This also includes those with deportation protections under the Obama-era DACA program, children and young adults whose parents often don’t have legal status. They’re left wondering how they can help support their families so that their parents don’t have to go to work, where they risk getting sick, and how they can help cover the costs of their parents’ medical care should they need it, Sanaa Abrar, advocacy director at the immigrant advocacy group United We Dream, told Vox.

“With the national health crisis and what’s becoming a national unemployment crisis, folks are concerned about how they’re not only going to stay healthy and safe but also how they’re going to keep their jobs and how they’re going to find means of financial support,” she said.

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

Read Nicole’s complete analysis at the link.

Meanwhile, Eric Rosengren, the President of the Boston Fed, writing in the Wall Street Journal, also says that it is a mistake from an economic standpoint to leave anybody behind in the stimulus.

Eric Rosengren
Eric Rosengren
President
Boston Federal Reserve

https://apple.news/AzvF-kikaSuiTxFGVV_3nnA

. . . .

Mr. Rosengren spoke separately Wednesday in a speech delivered by video in which he underscored the importance of focusing federal resources on the most vulnerable households.

“We are all being challenged right now, but our legacy can be that we rose to the challenge and kept a focus on the vulnerable, those with low and moderate income, and those whose livelihoods operate on the thinnest of margins,” Mr. Rosengren said in the text of a speech to be given by video in Boston.

. . . .

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Read the complete article at the link.

Thanks, Nicole, for your outstanding analysis of a critical, largely “below the radar screen” issue that potentially threatens everyone’s health and welfare.

So, policies that exclude American families and workers based on status both endanger our public health and threaten our economic recovery.  The cruel, xenophobic, irrational White Nationalist polices of the Trump regime actually threaten both our present and our future. Can’t do much worse than that!

PWS

04-01-20

LEADING IMMIGRATION EXPERTS CALL FOR CLOSING COURTS, RELEASING KIDS! – Professors Stephen Yale-Loehr, Jaclyn Kelly-Widmer, and Laila Hlass Speak Out!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law
Jaclyn Kelley-Widmer
Jaclyn Kelley-Widmer
Assistant Clinical Professor
Cornell Law

Here are Steve, my long-time friend, and his amazing colleague Jakki,, both now at Cornell Law, on court closings from the NY Post:

 

https://www.nydailynews.com/opinion/ny-oped-close-immigration-courts-now-20200331-sgriwv4yqzaadd6xoyjgpvbjja-story.html

 

CORONAVIRUS UPDATES: THE LATEST IMPORTANT DEVELOPMENTS

ADVERTISEMENT

Close immigration courts now: A coronavirus necessity to protect public health

By STEPHEN YALE-LOEHR and JACLYN KELLEY-WIDMER

NEW YORK DAILY NEWS 

MAR 31, 2020  1:36 PM

In this Nov. 15, 2019, file photo, a detainee talks on the phone in his pod at the Stewart Detention Center in Lumpkin, Ga. While much of daily life has ground to a halt to reduce the spread of the coronavirus, the Trump administration is resisting calls from immigration judges and attorneys to stop in-person hearings and shutter all immigration courts. They say the most pressing hearings can still be done by phone so immigrants aren’t stuck in detention indefinitely.(David Goldman/AP)Imagine you’re an immigration lawyer. You have a case scheduled for trial in immigration court, but you’ve got a cough, a sore throat and shortness of breath. In normal times, you probably would have gone to court for the trial. In current times, you’re worried. We all know what those symptoms mean.

You call your doctor, who tells you that you’re displaying symptoms consistent with COVID-19. The doctor recommends that you self-quarantine.

Your immigrant client is detained by Immigration and Customs Enforcement (ICE) and counting on you to present their asylum case. You’ve been preparing for months. Your client’s ability to avoid being deported to a country where they face torture or death depends on your performance.

Even though most courts around the country are closed in response to the pandemic, your court date is still on. The Justice Department is keeping its detained immigration courts open, ignoring joint letters from the National Association of Immigration Judges, the American Immigration Lawyers Association and the union representing ICE attorneys calling for a shutdown during the pandemic.

As of your trial date, you haven’t been able to meet with your client in person to prepare for at least two weeks. At the time, ICE wouldn’t let you use your regular attorney visit rooms due to disease risk, so you were stuck waiting in line for the one glass-partitioned attorney room at the detention center. You never got to the front of the line for the room, so you were only able to talk to your client through glass and on the telephone.

[More Opinion] NYC’s transit strike, 40 years later: Learning from a seminal moment in American labor history 

Then ICE issued a new directive on March 21 requiring all attorneys to bring their own gloves, mask and eye protection for contact visits with clients. Your office doesn’t have any of this gear. Even if you could get protective gear, you wouldn’t take it away from the medical professionals who truly need it.

Despite all of this, you hope the immigration judge will sympathize with your predicament. You file a motion asking for more time to better represent your client after all of this is over. You cite your own illness, your inability to meet with your client to prepare, and local and national public health warnings.

Despite your objections, the immigration judge proceeds with your client’s asylum trial. The judge gives you the choice of abandoning your client to face the fight of his life by himself or proceeding as his attorney via telephone. Reluctantly, you find a folding table to put your file on and try the case from your couch, unable to see or communicate privately with your client. You cannot see anything that is happening in court.

[More Opinion] The fever last time: Time to repeal the Assembly’s shameful expulsion of five Socialists 

All you know is that the immigration judge, ICE prosecutor and interpreter are there.

 

. . . .

 

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Read the rest of the article at the above link.

 

And here’s my good friend and former Georgetown Law colleague Leila, now at Tulane Law, with her plea in Slate for some sanity and humanity on unnecessary and demonstrably harmful and dangerous continued incarceration of children in DHS’s “New American Gulag.”

Professor Laila L. Hlass
Professor Laila L. Hlass
Tulane Law

https://slate.com/news-and-politics/2020/03/coronavirus-immigrant-children-detention.html

 

With nearly 3,000 deaths and more than 160,000 infected by COVID-19 in the United States, it’s clear no one will be spared from impacts of the pandemic. In the past week, four children in immigration detention and seven employees of the Office of Refugee Resettlement who work in children’s detention facilities in New Jersey and Texas tested positive for the virus. Doctors working with detained immigrants have warned members of Congress that immigrant detention centers pose a “tinderbox scenario,” where social distancing precautions are impossible.

Two separate lawsuits are asking federal courts to force the release of unaccompanied children as well as families in immigrant detention, citing the grave health risks of contracting the coronavirus and spreading the disease. These risks are particularly serious because of the confluence of factors in family detention centers: crowded quarters, limited cleaning supplies, and the influx of new families into the detention centers. While it is understood children are usually less at risk of serious complications from COVID-19, a handful of children in the U.S. with COVID-19 have died in the past few days, and children may be more likely to more rapidly spread the disease.

Instead of a public health–oriented response to COVID-19 in the immigration legal system, we are seeing political opportunism. The Trump administration is using the virus as an excuse to swiftly deport unaccompanied minors at the border, despite laws that require that children be allowed to have their cases heard first by an immigration judge. Similarly, the Department of Justice is defying public health guidelines by forcing judges, attorneys, and immigrants to appear in select immigration courts across the country, despite positive COVID-19 tests from court personnel and risks inherent to crowded courtrooms, in order to continue deportation proceedings.

This mistreatment of children is not new. Before the outbreak, children were finding themselves in an increasingly punishing immigration legal system—where they had been separated from their parents, detained in record-breaking numbers for longer periods of time, and held in shocking and abusive detention conditions, including “dog cage” holding cells without mattresses, overflowing toilets, and frigid temperatures. Children do not have to be held in these conditions; unaccompanied children can and should be released more expeditiously to live with family in the U.S., and children detained with parents could be released as a family unit to pursue their legal case outside of detention.

Detained children have experienced forced hunger, dehydration, and sleeplessness. Holly Cooper, an attorney representing detained children, stated: “In my 22 years of doing visits with children in detention I have never heard of this level of inhumanity.” One 15-year-old boy, detained at the jail-like Shenandoah Valley facility, wrote “I want us to be treated as human beings.”

As a law professor and immigration attorney for more than a decade, I have seen firsthand how the immigration system mistreats children. In a recent law journal article, I argue adultification bias can help explain the mistreatment of immigrant children, who are largely teenagers of color. Adultification is the phenomenon whereby children of color are perceived as more adultlike and therefore less innocent than white peers. Adultification has created systemic harm for children of color within public systems like educationjuvenile justice, and child welfare. In particular, the disproportionate rates of arrests, adjudications, and sentencing for children of color within the juvenile justice system has been studied closely.

Immigration laws were not designed to protect children. In fact, only a few areas of the law consider the special circumstances of children. The Flores settlement sets minimum standards for detaining minors, limited to children under 18. Under Flores, children should be released as soon as possible to family, when feasible. Furthermore, the Office of Refugee Resettlement, not U.S. Immigration and Customs Enforcement, is tasked with the custody of detained unaccompanied minors. According to legislative history, this is because ORR, under the Department of Health and Human Services, has more expertise in child care. Another child-focused measure is the Trafficking Victims Protection Reauthorization Act of 2008, or TVPRA, which expands legal protections for children including in the areas of asylum law and special immigrant juvenile status, a pathway to legal permanent residence and citizenship available for some children. Lastly, the government has issued guidelines for children’s cases to improve immigration court procedures.

. . . .

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

“Adultifiation,” “Adjudication Bias,” “Dred Scottification,” “dehumanization,” it’s all pretty much the same thing. As human beings, we must ask ourselves every day why have we empowered the cowardly bullies of the Trump regime to commit what are essentially “crimes against humanity” against the most vulnerable among us, their courageous representatives (about the only folks in the country brave enough to stand up for all of our Constitutional and human rights), and even their own employees? Compare their brave performance with the complicity of many Federal Judges, all the way up to the Supremes, and many legislators who stand by and watch these preventable and outrageous human and legal disasters occur, yet do nothing to stop them!

Why do we have the best and brightest legal and public health minds in the country pleading with the regime to take straightforward, common sense, prudent steps that even a minimally competent government would have taken long before now? How have we allowed the kakistocracy and the wanton cruelty and “malicious incompetence” they inflict on almost everything they touch become the “face of America?”

Due Process Forever! Vote Like YOUR Life Depends On It This November; Because It Does!

PWS

04-01-20

 

WASHPOST:  TENS OF THOUSANDS OF DACA RECIPIENTS SERVE ON THE FRONT LINES OF OUR PANDEMIC RESPONSE — Trump & His Supremes Add Insult To Injury! — America’s New “Dred Scottifyers”

From the WashPost Editorial Board:

https://www.washingtonpost.com/opinions/thousands-of-health-care-workers-are-at-risk-of-being-deported-trump-could-save-them/2020/03/30/834b533a-72ae-11ea-87da-77a8136c1a6d_story.html

BEFORE DAWN on Saturday morning, Aldo Martinez, a paramedic in Fort Myers, Fla., responded with his ambulance crew to a man who, having just been diagnosed with covid-19, was having a panic attack. The man didn’t know that Mr. Martinez, 26 years old, is an undocumented immigrant; nor that he is a “dreamer”; nor that his temporary work permit under an Obama-era program has been targeted by President Trump.

The covid-19 patient was not aware that Mr. Martinez’s ability to remain in the United States, as he has since his parents brought him here from Mexico at age 12, now hangs in the balance as the Supreme Court weighs the future of Deferred Action for Childhood Arrivals, the program known as DACA. What the man did know was that Mr. Martinez, calm and competent, spent 45 minutes helping to soothe him, explaining the risks and symptoms and how to manage them.

[[Full coverage of the coronavirus pandemic]]

Some 27,000 dreamers are health-care workers; some, like Mr. Martinez, are on the front lines, grappling with a deadly pandemic. They are doctors, nurses, intensive care unit staff and EMTs trained to respond quickly to accidents, traumas and an array of other urgent medical needs.

Until now, because of DACA, they have been shielded from deportation and allowed to work legally. Their time may be running out.

The Supreme Court heard oral arguments in the fall on the Trump administration’s attempt to rescind the program; it is expected to rule in the coming months. If, as appears likely, the court’s conservative majority sides with the administration, Mr. Martinez and thousands of other health-care workers would lose their work permits and jobs, and face the threat of deportation. So would another 700,000 DACA recipients — food prep workers, teachers and tutors, government employees, and students, including those enrolled in medical programs.

That would be catastrophic, and not just for the dreamers themselves, young people in their 20s and 30s who have grown up here. It would also be catastrophic for the United States.

Mr. Trump could halt the threat to dreamers with the stroke of a pen, by issuing an executive order. He has referred to DACA recipients as “some absolutely incredible kids” and promised that they “shouldn’t be very worried” owing to his “big heart.” But, so far, he has taken every possible step to chase them out, and his administration has made clear that if it prevails in the Supreme Court, dreamers will be subject to deportation.

That would give Mr. Martinez about four months. His current DACA status expires Aug. 5, and it would probably not be renewable if the administration prevails.

[[The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.]]

“I don’t want people thanking me because I expose myself to covid — I’m not here for the glamour of it,” Mr. Martinez told us. “The principle is when people are having an emergency, they don’t have safety or security — you’re there to provide that for them in a time of need.”

Now it’s a time of need for Mr. Martinez himself, and hundreds of thousands of other dreamers like him. The country needs them as never before. Will Mr. Trump step up to provide them with safety and security?

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

Let’s be clear about responsibility for this unconscionable self-inflicted looming disaster. There was an exceptionally well-justified nationwide injunction in effect against the Trump regime’s lawless attempt to terminate DACA, no “Circuit split,” and absolutely no emergency reason for the Supremes to take the DACA case. None, unless they were going to summarily affirm the lower court injunction. Yet, they went out of their way to intervene in an apparent effort by the “J.R. Five” to advance the regime’s gratuitously cruel and wasteful White Nationalist, racially motivated immigration and anti-human rights agenda. 

At oral argument, although acknowledging the sympathetic circumstances, the GOP Justices showed little genuine concern for the human and legal consequences facing the “Dreamers” if the “J.R. Five,” as most expect them to do, “pull the plug” on these kids. Things like the consequences of loss of work authorization or permission to study and having to live your life in constant fear of arrest and removal seemed to go over the heads of the intentionally tone-deaf and condescending GOP majority. 

At oral argument, Justice Sonia Sotomayor said it very clearly: “This is not about the law,” she said. “This is about our choice to destroy lives.” https://www.nytimes.com/2019/11/12/us/supreme-court-dreamers.html?referringSource=articleShare. Her GOP colleagues, not for the first or last time, appeared anxious to tune out “the truth she spoke” and instead to please the regime’s overlords by unleashing the cruelty and wanton destruction of humanity. 

Ever since their horrible “cop out” in the so-called “Travel Ban cases,” J.R. and his GOP buddies have been enabling a toxically unconstitutional invidiously motivated attack on the due process rights and human dignity of some of America’s most vulnerable “persons.” Often, they bend the normal rules applicable to everyone else “on demand” from “Trump uber-toady” Solicitor General Noel Francisco. They have played a disgraceful and cowardly role in the regime’s, largely successful to date, efforts to “Dred Scottify” and dehumanize the most vulnerable among us. 

As Mark Joseph Stern very cogently said in Slate:

Put simply: When some of the most despised and powerless among us ask the Supreme Court to spare their lives, the conservative justices turn a cold shoulder. When the Trump administration demands permission to implement some cruel, nativist, and potentially unlawful immigration restrictions, the conservatives bend over backward to give it everything it wants. There is nothing “fair and balanced” about the court’s double standard that favors the government over everyone else. And, as Sotomayor implies, this flagrant bias creates the disturbing impression that the Trump administration has a majority of the court in its pocket. 

Life tenure makes these guys effectively unaccountable for their immoral and illegal actions. But, history will not forget where they stood in the face of bigotry, racism, cruelty, and tyranny.

A great democracy deserves and needs better from its life-tenured judiciary. Much better! The necessary shift from kakistocracy to democracy will require “regime change” in both the Executive and the Senate. November must be the starting place if we wish to survive as a democratic republic!

Due Process Forever! Complicit Courts Never!

PWS

03-31-20

GOVERNMENT IN FAILURE: AILA SUES IN DC US COURT TO FORCE DHS AND EOIR TO TAKE COMMON SENSE MEASURES TO PROTECT THE PUBLIC IN IMMIGRATION COURT AND THE GULAG — Unlawfully Deporting Helpless Kids Is a Cinch For The Regime, But Protecting The American Public In The Time of Pandemic, Not So Much!

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

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For Immediate Release                       Contact:

Monday, March 30, 2020                     Maria Frausto, mfrausto@immcouncil.org, 202-507-7526

George Tzamaras, GTzamaras@aila.org, 202-507-7649

Sirine Shebaya, sshebaya@nipnlg.org, 202-656-4788

 

 

Lawsuit Seeks Halt to Dangerous and Unconstitutional Policies Endangering Immigration Attorneys, Clients, and the Public During the COVID-19 Pandemic

 

WASHINGTON, DC—In a lawsuit filed today in the U.S. District Court for the District of Columbia, several immigration lawyer groups and individuals with pending immigration cases demanded that the Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR) and U.S. Immigration and Customs Enforcement (ICE) take immediate necessary actions to prioritize the health and safety of attorneys and clients at risk in response to the COVID-19 pandemic.

 

The American Immigration Lawyers Association (AILA), the Immigration Justice Campaign— a joint initiative of the American Immigration Council and AILA—represented by the National Immigration Project of the National Lawyers Guild (NIPNLG) call for the government to take the following measures:

  1. suspend in-person immigration hearings for detained individuals and provide robust remote access alternatives for detained individuals who wish to proceed with their hearings for the duration of the COVID-19 pandemic;
  2. guarantee secure and reliable remote communication between noncitizens in detention and their legal representatives;
  3. provide Personal Protective Equipment for detained noncitizens and legal representatives who need to meet in person in facilities where PPE is required for entry;
  4. alternatively, release detained immigrants who have inadequate access to alternative means of remote communication with legal representatives or with the immigration court.
  5. The global pandemic of COVID-19, caused by the novel coronavirus, has been characterized as the worst the world has seen since 1918. The Centers for Disease Control and Prevention has specifically highlighted in-person court appearances as a risk factor for coronavirus outbreaks. Federal courts and the Bureau of Prisons via the Attorney General have taken measures to minimize the health risk. Yet, EOIR, a component of DOJ which oversees immigration courts, has not taken the same protective measures and most immigration courts remain open for business, putting the health and safety of attorneys and clients at risk. The CDC has also highlighted the particularly acute dangers of COVID-19 outbreaks in detention, and more than 3,000 public health experts have called for the release of immigrants from detention. However, ICE has refused to take measures to release or protect immigration detainees from harm and continues to transport them back and forth from courthouses while denying them critical access to counsel during this crisis. 
  6. AILA Director of Federal Litigation Jesse Bless stated, “Simply put, EOIR and ICE need to adopt flexible measures to ensure safety for respondents and ensure access of counsel is not denied. Access to counsel is integral to the fundamental constitutional right to due process and recent incoherent and contradictory policies from EOIR and ICE are endangering the health and constitutional rights of countless individuals, including members of their own staff.”
  7. Immigration Justice Campaign Director at the American Immigration Council Karen Siciliano Lucas said, “Through our Immigration Justice Campaign, we have seen what the COVID-19 pandemic means for our volunteer attorneys and their clients in detention. They struggle to communicate with each other and have real concerns about how they can fairly present their immigration cases. The government must immediately close immigration courts and utilize remote opportunities until the coronavirus is under control to protect the health of immigrants, immigration judges, court staff, and surrounding communities alike. Our nation is only as healthy as its people. We must call on our leaders to do all they can to protect and care for everyone—regardless of immigration status.” 
  8. “EOIR and ICE have failed to take critical actions necessary to protect the health and safety of detained immigrants and their attorneys, creating disastrous public health conditions in detention centers and at immigration courts,” said Sirine Shebaya, Executive Director of the National Immigration Project. “Instead of releasing immigrants who do not need to be detained, ICE is choosing to keep them detained and deprive them of access to counsel, while EOIR proceeds with their hearings as though nothing has changed. The agencies must take the necessary measures to provide access to counsel and ensure the availability of robust alternatives for detained immigrants and attorneys who cannot proceed with in-person hearings at this time.” 
  9. A copy of the complaint is here: www.aila.org/covidcomplaint.

###

 

The National Immigration Project of the National Lawyers Guild (NIPNLG) is a national non-profit organization that provides technical assistance and support to community-based immigrant organizations, legal practitioners, and all advocates seeking and working to advance the rights of noncitizens. NIPNLG utilizes impact litigation, advocacy, and public education to pursue its mission. Follow NIPNLG on social media: National Immigration Project of the National Lawyers Guild on Facebook, @NIPNLG on Twitter.

The American Immigration Council works to strengthen America by shaping how America thinks about and acts towards immigrants and immigration and by working toward a more fair and just immigration system that opens its doors to those in need of protection and unleashes the energy and skills that immigrants bring. The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications. Follow the latest Council news and information on ImmigrationImpact.com and Twitter @immcouncil.

 

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. Follow AILA on Twitter @AILANational.

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

As the Trump regime intentionally puts the public at risk in Immigraton Court and DHS’s “New American Gulag,” the public officials supposedly in charge of protecting the pubic and insuring the integrity of justice continue to operate with “malicious incompetence” and “criminal negligence.” Kakistocracy is bad! But, it becomes life-threatening in the time of true (rather than the regime’s usual bogus) emergency!

PWS

03-30-20

FINDING OPPORTUNITY IN CRISIS: Trump Regime Uses Health Emergency To Up Child Abuse — Ignores Law, Orbits Kids To Harm’s Way Without Due Process As Feckless Dems Protest!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
BuzzFeed News

https://www.buzzfeednews.com/article/hamedaleaziz/coronavirus-unaccompanied-minors-deported

Hamed Aleaziz reports for BuzzFeed News:

In a major departure from previous practice mandated by federal law, the Trump administration has begun quickly deporting immigrant children apprehended alone at the southern border.

Administration officials say they are following public health orders designed to prevent the spread of the coronavirus in the US, but opponents say they are using the health orders to skirt federal laws that govern the processing of unaccompanied minors.

The New York Times first reported that the Trump administration would apply to unaccompanied children from Central America a March 20 order issued by the Centers for Disease Control and Prevention (CDC) that bars the entry of those who cross into the country without authorization.

Previously, unaccompanied children from Central America picked up by Border Patrol agents would be sent to the Office of Refugee Resettlement (ORR), where they would be housed in shelters across the country as they began officially applying for asylum and waited to be reunited with family members in the US.

On Monday, a US Customs and Border Protection official confirmed to BuzzFeed News that the agency was now applying the CDC order to children.

“All aliens CBP encounters may be subject to the CDC’s Order Suspending Introduction Of Persons From A Country Where A Communicable Disease Exists (March 20, 2020), including minors,” read a statement from CBP. “When minors are encountered without adult family members, CBP works closely with their home countries to transfer them to the custody of government officials and reunite them with their families quickly and safely, if possible.”

The statement noted that there is discretion for the agency to exclude certain unaccompanied children from the order if, for example, they show signs of illness.

Immigrant advocates told BuzzFeed News they were alarmed at the policy shift.

“Children arriving at the border, many of whom have endured unimaginable harm at home and on their journey, are the most vulnerable group encountered by border officials. Unaccompanied children are particularly vulnerable to trafficking,” said Aaron Reichlin-Melnick, a policy analyst at the American Immigration Council. “The answer to coronavirus cannot be to put children in harm’s way.”

Eleanor Acer, the refugee protection director at Human Rights First, said the move was proof that the Trump administration was “using” a public health crisis “to advance their long-standing goal of overturning US laws protecting vulnerable children and people seeking asylum.”

. . . .

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

Read the rest of the article at the link.

Like all fascists, the White Nationalist nativists of the regime are always looking for new ways to pick on the most needy and vulnerable. And, what presents a better target for cruelty and abuse than unaccompanied kids, particularly when a health emergency offers “cover?”

The Dems sputter but can’t do anything except write letters that go in the regime’s waste baskets.

PWS

O3-30-20

FEDERAL JUDGE ORDERS RELEASE OF 10 DETAINEES IN NEW JERSEY BECAUSE OF CORONAVIRUS DANGERS

https://www.npr.org/sections/coronavirus-live-updates/2020/03/27/822348039/federal-judge-orders-10-ice-detainees-released-from-n-j-jails-over-covid-19-conc

Scott Neumann reports for NPR:

A federal judge has ordered the release of 10 people held by U.S. Immigration and Customs Enforcement in New Jersey county jails where COVID-19 has been confirmed, citing chronic medical conditions of the detainees that make them particularly vulnerable to the disease.

Those ordered freed range in age from 31 to 56 years of age and have medical conditions including diabetes, heart disease and obesity, and some with past histories that include pneumonia and smoking. Five were being held at Bergen County Jail, three at Hudson County Jail and the other two at Essex County Jail.

U.S. District Judge Analisa Torres in the Southern District of New York granted a temporary restraining order against the inmates’ continued detention while awaiting removal proceedings, writing: “Each of the jails where a Petitioner is being housed has reported confirmed cases of COVID-19. This includes two detainees and one correctional officer in the Hudson County Jail, one detainee at the Bergen County Jail, and a ‘superior officer’ at the Essex County Jail.”

. . . .

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

Congrats to Brooklyn Defender Services!  The complete article including a copy of the complete decision in available at the link.

Due Process Forever!

PWS

03-30-20

N.J. STATE BAR SEEKS GOVERNOR’S INTERVENTION AFTER DOJ IGNORES PLEAS TO CLOSE UNSAFE N.J. IMMIGRATION COURTS!☠️☠️☠️☠️☠️

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

NDPA stalwart and Round Table Member Hon. Sue Roy sends this:

March 26, 2020

VIA EMAIL ONLY Hon. Phil Murphy Governor

State of New Jersey Office of the Governor P.O. Box 001

Trenton, NJ 08625

Dear Governor Murphy,

Re: The Closure of the Newark and Elizabeth Immigration Courts

NEW JERSEY STATE BAR ASSOCIATION

EVELYN PADIN, PRESIDENT Law Office of Evelyn Padin 286 First Street

Jersey City, NJ 07302 201-963-8822 • FAX: 201-963-8874 evelyn@lawjcnj.com

The New Jersey State Bar Association (NJSBA) is requesting that the Newark and Elizabeth Immigration Courts be closed immediately, in the interest of the health and safety of the residents of NJ and the country. In support of this request, the NJSBA asks you to consider the following:

NEWARK IMMIGRATION COURT:

On March 6, 2020, the Newark Immigration Court, located on the 12th floor of the Rodino Building, 970 Broad Street, Newark, NJ, was temporarily closed for the afternoon because an attorney who had been exposed to COVID-19 and who was experiencing symptoms was present in court.

On March 9, 2020, the Newark Immigration Court reopened, and remained open until March 18, 2020. During that period of time, literally thousands of respondents and their family members were required to appear at master calendar and individual hearings, along with their attorneys, attorneys from the Office of Chief Counsel, Court staff, interpreters, security guards and Immigration Judges.

It was later learned that a second private attorney and an interpreter have tested positive for COVID-19 after being in court on March 11, 2020. The attorney is quite ill. Approximately 70 other cases were heard that morning before the same Immigration Judge, who is currently under self-quarantine. That is only a fraction of the people who were present at court that day. Because of the volume of individuals who must appear at the Newark Immigration Court on any given day, the majority of individuals must wait together, sometimes for hours, in an extremely small waiting room, in which all attorneys, courts staff, interpreters, security guards and judges must also pass.

New Jersey Law Center • One Constitution Square • New Brunswick, NJ 0 8901-1520

732-249-5000 • FAX: 732-249-2815 • EMAIL: president@njsba.com • www.njsba.com

It was also learned that an attorney from the DHS Office of Chief Counsel, who was present in Court on March 13, has not only tested positive for COVID-19 but is currently in a medically induced coma in ICU fighting for his life. The entire staff of the Office of Chief Counsel, which is primarily located on the 13th Floor of the Rodino Building, has been placed under required quarantine for a period of two weeks.

As a result of this, the US Department of Justice, Executive Office for Immigration Review (EOIR) issued a directive on Twitter and Facebook stating that the Newark Immigration Court would be closed from March 18-April 10, 2020, and that all court filings would be considered timely filed on April 10, when the court reopened.

Last night, March 25, at 9:30 pm, EOIR announced via Twitter and Facebook that Newark Immigration Court would reopen starting TODAY, March 26. No further information was given to the public, or, notably, the Immigration Judges or the court staff. It has been clarified that the Newark Court has reopened for court filings only, because EOIR has now stated that any filings due during the previous days of closure would now be due on March 30, 2020.

Some members of the court staff are now required to be present to accept in-person filings at the court window, as well as to handle filings that have been mailed to the court. The Office of Chief Counsel remains closed under quarantine, and therefore cannot accept filings.

The reopening of the Newark Immigration Court, even for a limited purpose, is in clear violation of Executive Order 107. The functions of the Court at this time are non-essential, because the Court does not handle detained cases. Moreover, the reopening is putting Court staff in jeopardy of not only exposure to the virus themselves, but also of spreading it to others. The City of Newark is under a shelter-in-place restriction, and, this morning, the U.S District Court for the District of New Jersey just issued an order closing the Martin Luther King and Frank R. Lautenberg courthouses because several employees have confirmed positive COVID-19 tests. The courts are closed immediately and will remain closed through April 6, 2020.

It should be noted that the courthouses are located next door to the Rodino building, and the U.S. Attorney’s Office is in the Rodino Building. Staff, attorneys, and members of the public use the same parking facilities, elevators, and even cafeterias located in the buildings.

Therefore, for all of the above reasons, the Newark Immigration Court should be closed immediately and remain closed until its scheduled reopening date of April 10, at the earliest.

ELIZABETH IMMIGRATION COURT:

The Elizabeth Immigration Court is located at 625 Evans Street, Elizabeth, NJ, and is located in the same building as, and in close proximity to, ICE detainees. The Elizabeth Court handles detained cases and is currently open.

On March 13, 2020, a medical staff person who works in the detention center was presumed to have been exposed to COVID-19; this diagnosis was later confirmed. Moreover, because attorneys for the Office of Chief Counsel travel back and forth between the Elizabeth Immigration Court and the Detention Center, where there is an auxiliary OCC office, and the Rodino Building in Newark, the OCC in Elizabeth has been included in the mandatory, two-week quarantine. Numerous private and pro bono

attorneys also routinely appear in both courts, as do interpreters and ICE personnel.

One of the Elizabeth Immigration Judges has been out on leave; an Immigration Judge from Newark, whose husband had been quarantined but tested negative for the virus, is now handling the docket in Elizabeth.

Immigration attorneys are allowed to appear telephonically if they choose; court staff, judges, security guards, interpreters, and, of course, the detainees housed in Elizabeth are there in person. The Office of Chief Counsel is still under quarantine; their attorneys have been appearing telephonically.

On March 24, 2020, at 2:30 pm, EOIR announced, via Twitter and Facebook, that the Elizabeth Immigration Court was closing for the rest of the afternoon because they had received confirmation of “the presence of an individual with a test-confirmed Coronavirus diagnosis.”

The Elizabeth Immigration Court reopened the next day and remains open.

The Elizabeth Immigration Court hears cases for individuals who are housed at Elizabeth Detention Center, as well as at Essex and Hudson County Jails. The individuals housed at those jails are usually seen via tele video. However, a detainee and a senior staff person at Essex County Jail both have positive COVID-19 diagnoses and are experiencing serious symptoms. And ICE detainees at all three locations are engaging in hunger strikes because they are afraid of contracting the virus as well.

Moreover, on March 25, EOIR issued a requirement that all attorneys dealing with inmates in ICE detention centers and courts MUST bring their own personal protective equipment (PPE) in order to be allowed to enter the facilities. Therefore, either attorneys cannot adequately represent their clients, or they must obtain PPE at the expense of health care providers and first responders who desperately need this equipment.

The NJSBA recognizes that it is more difficult to close a court that handles detained cases, as that imposes a reduction of the individuals’ constitutional rights. However, the NJSBA believes that a short- term closure of two weeks, in order to ensure that anyone who has been exposed to COVID-19 does not spread the virus, even unwittingly, is extremely important to protect the health and safety of the individuals who are housed there, who work there, and who must report there, as well as the public at large.

The NJSBA would, at the same time, ask that the State confer with ICE regarding the release of any non-criminal or low-risk immigration detainees. This would further aid in slowing the spread of the virus, as well as protecting the individuals who work at the Elizabeth Immigration Court and Detention Center and would minimize significantly the numbers of detained cases on the court docket. Should ICE forbear from placing new detainees in custody within NJ facilities would also stem the spread of the virus to vulnerable inmate populations. Alternatives to detention, such as ankle-bracelets, or mandatory video or telephonic check-ins would help ensure that ICE’s mission is not curtailed.

It should be noted that the National Association of Immigration Judges (NAIJ), the American Immigration Lawyers Association (AILA) and the American Federation of Government Employees #511 (AFGE/ICE Professionals Union) issued a joint statement on March 22, 2020, asking for the nationwide closure of all immigration courts across the country.

Immigration attorneys, immigration courts staff, and immigration prosecutors are literally having to

make life and death decisions every day because of EOIR’s callous disregard for the health and safety of its employees, immigrants, anyone who must come into contact with the courts, and the

public. Accordingly, NJSBA is asking you to close the NJ immigration courts immediately to preserve the health and safety of the residents of NJ.

Respectfully submitted,

Evelyn Padin, Esq. President

cc: Senator Robert Menendez Senator Cory Booker

Matthew Platkin, Esq., Counsel to the Governor

Susan Roy, Esq., Chair, NJSBA Immigration Law Section Angela C. Scheck, Executive Director

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

Thanks, Sue, for all you do!

To be honest, I’m not sure that a State Governor has authority to close down a Federal Office, even in times of emergency. But, this absurd, yet deadly, situation shows the arrogant disrespect for human life, common sense, and basic decency of Barr and his EOIR toadies.

Normally, you would expect cooperation, coordination, and support from the Feds in time of a health emergency. In the age of Trump and his kakistocracy, not so much. After all, you’re dealing with a regime headed by a maliciously incompetent dude who couldn’t wait to start undermining the best advice of his own doctors and nearly all health care professionals in the U.S. Bad things happen to a country that empowers a kakistocracy!

PWS

03-27-20

 

SENATE COMES TOGETHER, PASSES $2 TRILLION RELIEF BILL — FED CHAIR JEROME POWELL SEES STRONG ECONOMIC REBOUND ONCE CORONAVIRUS UNDER CONTROL — Basically, First Things First, Says Powell — Get The Virus Under Control & We’ve “Got Your Economic Back” When The Economy Restarts!

Lucy Bayly
Lucy Bayly
Economics Editor
NBC News
Jerome Powell
Jerome Powell
Chairman
Federal Reserve

https://apple.news/ADKmnNtYdTSqV4_DcsV3xbg

Lucy Bayly reports for NBC News:

“There can be a good rebound on the other side of this,” said Federal Reserve Chairman Jerome Powell.

The coronavirus pandemic is putting unprecedented strain on the U.S. economy, Federal Reserve Chairman Jerome Powell said Thursday in an exclusive interview with Savannah Guthrie on the “TODAY” show, noting, “There can be a good rebound on the other side of this.”

“We may well be in a recession,” Powell said, in a rare live interview. “But I would point to the difference between this and a normal recession. There is not anything fundamentally wrong with our economy. Quite the contrary. We are starting from a very strong position.”

“This is a unique situation,” Powell said, when asked if the economy could withstand a monthlong shutdown. “I think people need to understand this is not a typical downturn. People are being asked to close their business, to stay home from work, and to not engage in certain economic activity, and so they are pulling back. At a certain point, we will get the virus under control and confidence will return.”

The Federal Reserve has launched a series of emergency moves since the viral outbreak started to erode the U.S. economy. The central bank slashed interest rates twice this month, down to nearly zero, and has pumped trillions of dollars into the financial system to shore up the economy, backstop credit, and stabilize the dollar.

The Fed said such extreme action was warranted because “the coronavirus outbreak has harmed communities and disrupted economic activity in many countries, including the United States.”

By making borrowing as cheap as possible, the central bank hopes to give companies and individuals ready access to nearly interest-free cash to invest and spend.

Download the NBC News app for full coverage and alerts about the coronavirus outbreak

“We’re trying to make a bridge from a very strong economy to another place of economic strength,” Powell said Thursday, by stepping in and replacing lending to small- and medium-sized businesses and other “places where credit is not being offered.”

Powell’s comments come the morning after the Senate overwhelmingly passed a massive $2 trillion rescue package, the government’s own response to the harsh economic blow from the coronavirus pandemic.

The Senate approved the 880-page bill in a unanimous 96-0 vote. The measure would provide billions of dollars in credit for struggling industries, a significant boost to unemployment insurance and direct cash payments to Americans.

With regard to President Donald Trump’s hope to reopen the economy by Easter, Powell said, “We are not experts in pandemics over here. We don’t get to make that decision. We would tend to listen to the experts. Dr. [Anthony] Fauci said something like, ‘The virus is going to set the timetable,’ and that sounds right to me.”

“The sooner we get the virus under control, people will very willingly open back up their businesses and get back to work,” Powell said.

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

If we can just “tune out” Trump and his negative leadership, follow the lead of our health professionals, Governors, and Mayors, and all pull together, putting human lives first, we can get through to better days. Until then, unfortunately, things are likely to get worse as America runs short of basic medical supplies, personnel, and hospital space.

Economies can and will be rebuilt. The dead can’t be brought back to life. Every life we re able to save now is valuable and will pay a dividend, whether economic, emotional, or spiritual, on the other side of the crisis. Already, we’re seeing both young and old come together to help, as medical students and retired health professionals volunteer to step into the breach. 

I found Jerome Powell’s interview with Savannah Guthrie of NBC’s Today Show one of the best and most reassuring, from an economic standpoint, interview with a Federal official recently. You can watch it in its entirety at the above link.

Stay well, and Due Process Forever!

PWS

O3-26-20

“LET ‘EM DIE IN MEXICO” (A/K/A “REMAIN IN MEXICO”) HEARINGS POSTPONED THRU APRIL 22, REPORTS POST’S MARIA SACCHETTI!

SANITY & HUMANITY SUDDENLY STRIKE: 9th Cir. Panel “Sua Sponte” Orders Release Of Respondent From The Gulag Because Of Coronavirus!

Case: 18-71460, 03/23/2020, ID: 11638656, DktEntry: 53, Page 1 of 1

LUCERO XOCHIHUA-JAIMES, Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 18-71460

Agency No. A206-105-249

ORDER

FOR PUBLICATION

FILED

MAR 23 2020

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

   *

Before: SILER, WARDLAW, and M. SMITH, Circuit Judges.

In light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court. See 8 U.S.C. § 1252(b)(3)(B); 28 U.S.C. § 1651(a).

The matter is remanded to the BIA for the limited purpose of securing Petitioner’s immediate release.

IT IS SO ORDERED.

 *

The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.

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

Yea!

Shows how the Article IIIs can take the initiative to save lives and do justice when they want to. How about a “say sponte” finding that the entire unconstitutional Immigration “Court” system is, well, . . . unconstitutional. Not “rocket science” — just justice!

It’s published!

Due Process Forever!

PWS

03-23-20

KAKISTOCRACY WARNING: Trump Bored With Following Dr.’s Orders, Looking For Ways To Countermand Them — Sure, Thousands Of Americans Might Needlessly Die, But It Would Be Great For The Economy — No Amount Of Incompetent Bungling, Self-Promotion, Or Sociopathic Behavior Will Shake His GOP Support!

https://www.washingtonpost.com/opinions/2020/03/23/trump-cares-more-about-stock-market-than-humans/

Jennifer Rubin
Jennifer Rubin
Opinion Writer, Washington Post

Jennifer Rubin in WashPost:

Until Monday morning, President Trump’s most horrifying utterance with regard to the coronavirus was his sarcastic reaction to news that Sen. Mitt Romney (R-Utah), whose wife has multiple sclerosis and therefore is in the high-risk category for infection, was self-isolating due to potential exposure to the coronavirus. “Gee, that’s too bad,” Trump snarked about his political rival. As bad as that was — mocking the possible life-threatening illness of others — he managed to top that with a truly horrifying tweet:

The cure — social distancing — has been imposed to save thousands of lives. But in Trump’s mind, the resulting economic slowdown and bear market from those measures are worse than a potentially catastrophic death toll. That’s the only reasonable interpretation of his outburst, which coincides with reporting from the New York Times that, “at the White House, in recent days, there has been a growing sentiment that medical experts were allowed to set policy that has hurt the economy, and there has been a push to find ways to let people start returning to work.”

For Trump and many in his party, what matters most is money. (“Some Republican lawmakers have also pleaded with the White House to find ways to restart the economy, as financial markets continue to slide and job losses for April could be in the millions.”) To them, letting medical experts set policy to combat a pandemic is a serious error. “Worse” than the deaths of thousands of Americans, in the minds of the narcissistic president, is the chance that his reelection could be impaired by bad economic numbers. Does it dawn on him that thousands of dead Americans might reflect poorly on him as well?

[More coverage of the coronavirus pandemic]

Trump’s latest spasm of indifference to other humans comes at a time when one of those experts, Surgeon General Jerome M. Adams, warns that the situation is about to get much worse. In a CBS interview, Adams said: “I didn’t expect to be starting off my week with such a dire message for America, but the numbers are going to get worse this week.” He reiterated, “Things are going to get worse before they get better. And we really need everyone to understand this is serious, to lean into what they can do to flatten the curve.”

Here we see the gap between Trump’s pecuniary and political interests (which he thinks depend entirely on the stock market) and the experts trying to get us to do things that would prevent greater loss of life. Trump’s behavior — denying the crisis, painting it as a threat from foreigners (when community spread is already well underway), constantly lying about progress being made, attacking political rivals and congratulating himself on his response (and forcing recitals of praise from advisers) — tells us that even a pandemic, in his mind, is all about him.

Trump may think he can sugarcoat coronavirus, but media critic Erik Wemple says it is time for the government to speak with one clear voice about public health. (Erik Wemple/The Washington Post)

With thousands of families facing a health crisis and millions suffering economic tragedy, Trump whines that he has not received sufficient credit for his actions (which mayors, governors and scientists say were grossly negligent and insufficient). All the while, he remains poised to thrust his hand into the cookie jar of government bailout money.

The experts must be heeded. The governors and mayors must be supported. Trump must be ignored or must delegate all significant decision-making to someone competent and conscientious of the human suffering unfolding before us. Otherwise, we are in grave trouble.

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

With Trump, the goalposts are continually moving; what we might once have thought of as the “rock bottom” in the “race to the bottom” suddenly becomes just another milepost.

We are already in “grave trouble,” Jennifer! With a dim-witted narcissist sociopath in charge, a party of elitist grifters running the Senate, an irresponsible minority of the electorate mindlessly committed to Trump’s insanity, and a system that facilitates minority rule, the majority of us who are interested in saving lives (including those of the foregoing group) and preserving our democratic republic are, indeed, in dire straits.

The “quote of the day” has to go to Trump’s “economic advisor” Steven Moore: “But you can’t have a policy that says we’re going to save every human life at any cost, no matter how many trillions of dollars you’re talking about.” https://www.washingtonpost.com/politics/trump-signals-growing-weariness-with-social-distancing-and-other-steps-advocated-by-health-officials/2020/03/23/0920ea0a-6cfc-11ea-a3ec-70d7479d83f0_story.html

Let’s flip Steven’s warped thinking around: Instead of giving a $500 billion bailout to America’s fat cat corporations, why not give a mere $1 billion directly to each of America’s 335 million people. They could decide how best to spend it to “pump up” the economy: their own health care, investing in corporations, buying bonds, endowing universities, building houses, starting small businesses, going to the racetrack, taking cruises, philanthropy, or just spending it all wildly on rampant consumerism. Much cheaper than the bailout. Hell, Trump supporters could even choose to spend a night at every Trump property in the world! 

And, better yet, neither Moore, “Munchkin,” Kudlow, Kushner, nor any of the other grifter/kakistocrats surrounding Trump could tell “average Americans” how to spend their money. After all, forgotten to Trump and his GOP, it actually is the people’s money with which they are lining their pockets and the those of their fat cat corporate buddies while tuning out our health care concerns. Heck, what’s a human life compared with a dollar?

PWS

03-23-20

THE TRUTH IS OUT: Human Life & Public Safety Aren’t “Priorities” In Weaponized Immigration “Courts” – Judges & Court Staff Turning Out To Be Just As “Dispensable” As Migrants, Attorneys, & The Public Welfare!

Liz Robbins
Liz Robbins
Immigration Reporter

https://apple.news/A5yFRyomETnyiKYwwb6QR8g

 

Liz Robbins reports for The Appeal:

 

Federal immigration courts that handle cases of detained immigrants are still open, despite a growing number of states and cities issuing “stay at home” mandates to combat COVID-19. On Sunday night, the organizations representing immigration judges, prosecutors, and defense lawyers jointly demanded—for the second time in a week—that the courts be closed.

Meanwhile, detained immigrants are staging hunger strikes at three New Jersey jails to protest the lack of sanitary conditions they fear could lead to outbreaks. Their protests come after confirmation of positive tests from two staff members connected with two other jails in the state that house immigrants.

The pipeline to feed those jails remains open. Although immigration enforcement officers have scaled back operations, they say they will continue to focus their enforcement on “public safety risks” and people subject to “mandatory detention on criminal grounds.”

“Their recklessness towards immigrant community well-being and immigrant lives is particularly disturbing—and even more dangerous in this moment because a virus doesn’t ask you for your legal status before it decides what to do,” said Camille Mackler, a New York immigration lawyer who is a fellow with the Truman National Security Project, a left-leaning think tank for national security issues. “This could get everyone sick.”

The Trump administration’s hardline immigration policies are intersecting with a highly contagious disease at a time when New York State leads the nation with at least 20,875 confirmed coronavirus cases. In New York on Friday, Attorney General Letitia James joined Bitta Mostofi, New York City’s commissioner of Immigrant Affairs, in calling for a shutdown of all immigration courts. They agreed with the judge’s union and lawyer organizations in urging for bond to be filed electronically.

The Legal Aid Society and the Bronx Defenders—two New York legal providers—sued in federal court on Friday to have clients who are susceptible to coronavirus released from ICE detention, including those with diabetes, heart disease, neurocognitive disorder, kidney disease, and lung and liver problems.

Officials with ICE said on Monday that there had been no detainees with confirmed cases of coronavirus of individuals in the agency’s custody. They said that they were testing detainees according to guidelines from the Centers for Disease Control and Prevention, but would not say how many. In a statement, a spokesperson said: “The health, welfare and safety” of ICE detainees “is one of the agency’s highest priorities.”

 

. . . .

 

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

Read the rest of Liz’s report at the link.

 

And, here’s the full text of the letter from NY AG Letitia James:

 

VIA EMAIL

The Honorable William Barr Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW Washington, D.C. 20530

Administrative Chief Immigration Judge Kevin Mart, Acting Court Administrator Paul Friedman
Varick Immigration Court
201 Varick Street, 11th Floor

New York, NY 10014

Assistant Chief Immigration Judge Philip J. Montante, Jr. Batavia Immigration Court
4250 Federal Drive, Room F108
Batavia, NY 14020

(212) 416-8050

STATE OF NEW YORK

OFFICE OF THE ATTORNEY GENERAL 28 LIBERTY ST.
NEW YORK, NY 10005

March 20, 2020

Assistant Chief Immigration Judge Carrie C. Johnson-Papillo Ulster Immigration Court
750 Berme Road, PO Box 800
Napanoch, NY 12458

Re: New York Immigration Court Operations During COVID-19 Outbreak

Dear Attorney General Barr, Honorable Judges, and Mr. Friedman:

I write to support efforts to protect practitioners, staff, and the public at New York State immigration courts amid the expanding COVID-19 outbreak. Organizations that provide free legal representation to indigent non-citizens at these courts, including those that make up the New York Immigrant Family Unity Project (NYIFUP), Prisoners’ Legal Services of New York, and the ECBA Volunteer Lawyers Project, have reported that some of its members have COVID-19 symptoms or have been exposed to an individual with COVID-19. These organizations requested measures to reduce the risk of exposure to the virus, and while EOIR has

taken some steps to reduce hearings and court traffic for non-detained cases, current policies still require extensive in-person interaction in cases involving detained individuals.

During this national public health emergency, it is incumbent upon us all to mitigate the spread of this novel virus. Court administrations at the state and federal level have instituted protocols that allow court business to continue but also safeguard the public health, including closing non-essential parts of the court and adjourning new trials. A similar approach is appropriate and warranted in immigration courts.

I therefore ask that you at a minimum adopt the proposals put forth by NYIFUP providers at all immigration courts in New York State. These proposals include adjourning master calendar hearings, presumptively permitting telephonic appearances for bond and individual hearings, and presumptively permitting extensions and continuance requests. Especially in courts where respondents appear in person and where witnesses must travel from out of town, these measures are necessary to minimize human contact. I also request that you institute a means for practitioners to submit these motions electronically. Currently, practitioners are required to submit these motions in person at the court or through the mail via post offices. Requiring these in-person or by mail submissions not only causes delays in submitting these important requests, it also unnecessarily jeopardizes the health of those involved.

These are unprecedented times. It is imperative that all agencies adjust policies and practices to protect the health and welfare of our community. I implore you to take these critical steps here.

Sincerely,

Letitia James
New York State Attorney General

 

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

Don’t expect much to happen until folks start dropping and dying. By then, it will be too late! But, perhaps that’s just “business as usual” in a system that has made rationality and concern for humanity non-factors. And, to date, there has been no accountability, by Congress or the Article IIIs for any of the outrageous, life-threatening, scofflaw, unconstitutional actions of the Trump regime in the immigration area. Indeed, the Supremes and other U.S. appellate courts have actually “rubber stamped” their “seal of judicial approval” one some of the most outrageous conduct employed by Miller and the White Nationalist cabal

While the lives and human dignity of migrants has been of little visible concern to the Congress, the Supremes, and many Circuit Courts of Appeals (that’s actually what the regime’s program of “Dred Scottifying” and “maximum dehumanization” aims to achieve) perhaps the illness and even death of judges, lawyers, and court personnel will finally get the attention of the “exalted ones” in their rarified, risk-free air. On the other hand, the Senate GOP doesn’t seem to have “gotten the message” even as their own colleagues start to drop.

PWS

 

03-23-20

NEW SUIT SEEKS TO SPRING FAMILIES FROM GULAG BEFORE IT’S TOO LATE!

https://apple.news/AuCl6K46oTsicLY15k0EYgw

Josh Gerstein
Josh Gerstein
White House Reporter
Politico

Josh Gerstein reports for Politico:

A new lawsuit argues that immigrant families being held under the Trump administration’s family detention policy should be released immediately because they are at grave risk of contracting the coronavirus due to conditions in those facilities.

Lawyers filed suit in federal court in Washington on Saturday on behalf of more than three dozen families held at a trio of detention centers in Texas and Pennsylvania.

Advocates say the communal housing arrangements, limited cleaning supplies and the regular influx of new families make the centers a potential hotbed for Covid-19 infection and defy guidelines from the Centers for Disease Control discouraging any gathering of more than 10 people.

“Detained mothers, fathers and children are forced to live and sleep in close quarters and required to congregate and as a result, cannot achieve the ‘social distancing’ needed to effectively prevent the spread of COVID-19,” according to the suit, filed by immigration lawyers in New York, Pennsylvania and Texas. “Even in their beds they cannot even sleep or receive the required distance necessary to protect themselves.”

The suit says cleaning in the so-called Family Residential Centers is inconsistent because it is typically done by detainees who are paid $1 a day for that work. Hand sanitizer and masks are not typically available to the immigrants, and gloves are provided only for certain purposes, the complaint alleges.

“It is almost certain to expect COVID-19 to infect and spread rapidly in family residential centers, especially when people cannot engage in proper hygiene or isolate themselves from infected or asymptomatic residents or staff,” the suit contends.

. . . .

However, immigration lawyers also objected on Sunday after ICE said attorneys wishing to consult immigration detainees in person would now be required to “wear disposable vinyl gloves, N-95 or surgical masks, and eye protection.” Beginning Monday, attorneys need to “provide” those items themselves, new ICE guidelines say, despite the fact they are in short supply.

“.@ICEgov requiring attorneys to supply their own personal protective equipment to serve detained clients, when medical providers say THEY don’t have enough, is appalling and #unconstitutional,” immigration lawyer Allen Orr Jr. wrote on Twitter.

. . . .

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

Read Josh’s full article at the link.

This is like a continuing performance of the “Theater of the Absurd.” Except, real lives and the health of our nation are at stake here.  Shut down the unconstitutional, inhuman, and dangerous to our national health DHS Gulag now!

Due Process Forever! The New American Gulag Never!

IDEA: Dems should insist that closing the Gulag for all but the very few demonstrably dangerous individuals (who should be detained by the Bureau of Prisions, not DHS or a private contractor) be part of the multi-trillion dollar stimulus package! The money and personnel could be “repurposed” to FEMA.

PWS

03-23-20

LAW CLINIC PROFESSORS WRITE TO ACTING CHIEF IMMIGRATION JUDGE URGING STRONG ACTIONS TO PREVENT SPREAD OF CORONAVIRUS!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

 

March 20, 2020

The Hon. Christopher A. Santoro Chief Immigration Judge

Office of the Chief Immigration Judge 5107 Leesburg Pike, Suite 2500

Falls Church, VA 22041

Via Email

Dear Chief Immigration Judge Santoro:

We are law school professors who teach immigration clinics that provide pro bono representation in immigration courts around the country. We write to urge you to immediately develop and implement proactive plans for the prevention and management of COVID-19 at all United States immigration courts. In this letter, we offer several recommendations for such protective measures.

. . . .

Read the full letter here:

Letter to CIJ Re Protective Plans for COVID-19

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

I’m repeating myself. I’ve always found Acting Chief Judge Santoro to be an advocate for “good government” and “doing the right thing” for the people he works with and for the public. For a number of years, he was “our” Assistant Chief Judge in Arlington. I enjoyed working with him and found him consistently concerned with the well-being of our employees and the efficient operation of  our court. He also went to great lengths to insure that we were always informed about what was happening, particularly in the (normal) absence of much meaningful communication from “on high.” Even then, though, some areas and directives were “outside his portfolio.”

I’m relatively sure that his “hands are tied” in this situation and that the “strings at EOIR are being pulled” by others above him in the “food chain.” The latter are driven by political and ideological agendas often quite different from the overall public interest and usually have little, if any, demonstrated concern for he the safety and welfare of EOIR’s “captive clientele.” Indeed, the DOJ politicos don’t seem to have much concern for their own employees either, leaving them largely to “twist in the wind” in a time of national crisis.

PWS

03-22-20