FULL FRONTAL: SAMANTHA BEE ICES ICE! (WARNING: Video Clip Contains Explicit Language)

https://youtu.be/AiBtPy0EOno

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

Most of the ICE folks that I met during my career (including with the “Legacy INS”) were hard-working, dedicated civil servants performing a very difficult and often thankless job. In particular, the attorneys in the Office of ICE Chief Counsel in Arlington were not only talented lawyers but had strong senses of justice that often went beyond the most narrow constructions of the law.

They also had strong senses of being part of the  larger “justice system team” working cooperatively with both the Immigration Judges and the private bar to keep the dockets moving while dispensing justice with humanity that reflected legal knowledge, the willingness to exercise their discretion, and the courage to do what was necessary to make a broken system function in something approaching a fundamentally fair manner.

For those of us involved the creation of the forerunner of the “Modern Chief Counsel System” at INS in the 1980’s, it’s exactly what we had in mind. According to my sources, that important attitude and the values upon which it was based (which, admittedly, might never have existed in some ICE offices) has now largely disappeared in light of the Trump Administration’s mismanagement and “gonzo” enforcement policies.

I don’t see how I could have done my job as a judge without the thoughtful assistance and professionalism of the ICE Office of Chief Counsel in Arlington. Working with them, our private bar, and our dedicated court support team as a group was a daily pleasure and probably extended my career by a number of years.

The main problem with ICE these days appears to stem from extraordinarily poor leadership from the top down, starting, but by no means ending, with Trump himself. As a result, ICE is now well on its way to becoming the most hated and least trusted law enforcement agency in America. While it might not require abolition of ICE, it will require fundamental changes to ICE structure, culture, and policies in the future under more talented, practical, and humane leaders.

Unfortunately, and not necessarily thorough the fault of individual employees at the “working” level, today’s ICE is a national disgrace and an embarrassment — for American justice, the Constitution, and our national values.

PWS

05-25-18

 

TAL & FRIENDS REPORT @ CNN: DACA TALKS HUNG UP ON CITIZENSHIP – TRUMP’S LATEST SCOFFLAW IMMIGRATION IDEA: Deal With Self-Created Bogus “Crisis” By Ignoring Statute, Treaties, & U.S. Constitution!

Citizenship a key sticking point on immigration as 2 more Republicans sign petition to force votes

By Lauren Fox and Tal Kopan, CNN

Talks between Republicans across the political spectrum trying to find middle ground on a potential immigration deal that would unite the conference have reached a crossroads — and one again it has to do with citizenship.

At the moment leaders are trying to find a sweet spot between moderates and conservatives in the conference on what would be a permanent solution for recipients of the Deferred Action for Childhood Arrivals program, which President Donald Trump has ended but whose ultimate fate has been tied up in the court system. Conservatives have long argued that they are opposed to any kind of “special path” to citizenship for DACA recipients with some opposed to any path to citizenship at all. Meanwhile, moderates — who are just a handful of signatures from forcing a wide-ranging immigration debate next month — are pushing to ensure that DACA recipients can have a path to citizenship eventually.

On Thursday, two more moderate Republicans, Reps. Brian Fitzpatrick of Pennsylvania and Tom Reed of New York, became the 22nd and 23rd GOP signature on the petition to force a vote on a series of immigration bills next month. If Republicans get at least 26 signatures, combined with 192 of 193 Democratic signature, the petition would force the votes. Only one Democratic House member has said so far that he will not sign the petition.

According to sources familiar with the negotiations, during a meeting with leaders Wednesday, GOP leaders were still trying to gauge whether the House Freedom Caucus would support a plan that would offer a bridge for DACA recipients to apply for green cards. Then, once a DACA recipient had a green card they could eventually apply for citizenship like other immigrants.

Talks are unlikely to move forward substantially before that issue is resolved, and it is unlikely that a decision will come before lawmakers return from their Memorial Day break, which started Thursday.

More: http://www.cnn.com/2018/05/24/politics/discharge-petition-immigration-daca-congress/index.html

 

Trump calls for sweeping changes to US immigration legal process

By: Allie Malloy and Tal Kopan, CNN

President Donald Trump suggested in an interview that sweeping changes to what he described as a “corrupt” immigration legal system were necessary, while also questioning the need for a legal process for people apprehended trying to cross into the US illegally.

“How do you hire thousands of people to be a judge? So it’s ridiculous, we’re going to change the system. We have no choice for the good of our country,” Trump said in an interview that aired Thursday on Fox News.

“Other countries have what’s called security people. People who stand there and say you can’t come in. We have thousands of judges and they need thousands of more judges. The whole system is corrupt. It’s horrible,” Trump told “Fox & Friends” co-host Brian Kilmeade. He didn’t explain what he meant by “corrupt” and Kilmeade didn’t press him about the comment.

Trump also questioned the process of immigrants going through the court system at all.

“Whoever heard of a system where you put people through trials? Where do these judges come from?” he said.

The suggestion of eliminating the courts and judges, however, is contrary to the policies currently being carried out by his own administration, and would likely violate the Constitution and international law in addition to federal law. The Justice Department declined to comment on the remarks.

Asked by a reporter about Trump’s comments, California Rep. Zoe Lofgren, a former immigration attorney who is now the top Democrat on the main immigration law subcommittee in the House, said they run counter to US values and law.

“I guess he has no belief in due process and the Constitution,” Lofgren said.

Comments run counter to Justice policies

At odds with Trump’s comments is his own Attorney General Jeff Sessions, who has made overhauling the immigration courts a top priority, including in the support of hiring more immigration judges. The Justice Department has touted Sessions’ efforts as essential to combating illegal immigration and making the system stronger.

More: http://www.cnn.com/2018/05/24/politics/donald-trump-immigration-courts/index.html

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

To state the obvious, there is no “immigration crisis” in America today other than that created or aggravated by Trump and his toxic scofflaw policies! On the other hand, Trump is a Constitutional crisis unfolding  in real time!

PWS

05-24-18

TRUMP’S COWARDLY ATTACK ON CHILDREN – More Lies, Distortions, Smears, & Racism Mark Administration Officials’ Bogus Attempts To Link Refugee Children & Their Legal Rights With Gangs!

https://www.washingtonpost.com/politics/trump-warns-against-admitting-unaccompanied-migrant-children-theyre-not-innocent/2018/05/23/e4b24a68-5ec2-11e8-8c93-8cf33c21da8d_story.html

Seung Min Kim reports for the Washington Post:

. . . .

The issue is compounded, Rosenstein said, by the fact that these migrant children must eventually be released from detention, and many never show up for their immigration proceedings before a judge.  Rosenstein, quoting statistics from the Department of Homeland Security, said less than 4 percent of unaccompanied minors are ultimately removed from the United States.

“We’re letting people in who are creating problems. We’re letting people in who are gang members. We’re also letting people in who are vulnerable,” Rosenstein said. Because many of the migrant children lack families or a similar support system, they become “vulnerable to [gang] recruitment,” the deputy attorney general said,

Thomas Homan, the departing deputy director of Immigration and Customs Enforcement, said about 300 arrests related to the MS-13 gang were made on Long Island last year. Of those arrested, more than 40 percent entered the United States as unaccompanied minors, he said.

“So it is a problem,” Homan said. “There is a connection.”

Other federal statistics paint a somewhat different tale. From October 2011 until June of last year, U.S. Customs and Border Protection officials arrested about 5,000 individuals with confirmed or suspected gang ties, according to congressional testimony from the agency’s acting chief, Carla Provost, in June.

Of the 5,000 figure, 159 were unaccompanied minors, Provost testified, and 56 were suspected or confirmed to have ties with MS-13. In that overall time frame, CBP apprehended about 250,000 unaccompanied minors, according to Provost.

. . . .

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

Read the full article at the link.

The Trump claims are, as usual, totally bogus. The percentage of gang members who come in as “unaccompanied minors” is infinitesimally small.  The vast majority of these kids are gang victims entitled to asylum or relief under the Convention Against Torture if the law were fairly applied (which it isn’t).

Contrary to the suggestion by Rosenstein, when given access to legal representation, approximately 95% of the unaccompanied children show up for their hearings. And the “vulnerability” mentioned by Rosenstein is largely the result of the Trump Administration’s “reign of terror” against migrant communities which has made nearly all migrant children, along with other community members, “easy pickings” for gangs, with no realistic recourse to law enforcement. There are actually strategies for combatting gangs. But the Trumpsters have no interest in them.

Indeed, gangs have recognized that folks like Trump, Sessions, Homan, Neilsen, and now Rosenstein are their best recruiters and enablers. How dumb can we be as a country to put these biased, spineless, and clueless dudes in charge of “law enforcement.”

Interesting that in an obvious attempt to kiss up to Trump, Sessions, & Co and save his job, Rosenstein pathetically has decided that being a sycophant and sucking up to the bosses is his best defense. Particularly when it’s at the expense of kids and other vulnerable migrants seeking protection. Pretty disgusting! And, I doubt that it will eventually save him from Trump. Just tank his reputation and his future like others who have been “slimed for life” by their association with Trump.

Join the New Due Process Army and stand up for kids against the “child abuse” being practiced by the Trump Administration and its corrupt and incompetent officials.

PWS

05-24-18

 

SARA RAMEY @ THE HILL: To Achieve Justice, We Must Get The U.S. Immigration Courts Out Of The Department Of Justice!

http://thehill.com/opinion/immigration/388876-doj-shouldnt-be-in-charge-of-immigration-courts

On April 18 the Senate Committee on the Judiciary held a hearing on strengthening the Immigration Court system. Several organizations, including the American Bar Association and the American Immigration Lawyers Association, recommended that Congress make the immigration courts independent courts under Article I of the Constitution. Congress should do so without delay, especially in light of the attorney general’s May 17 decision in Matter of Castro-Tum eliminating administrative closure.

People on both sides of the political divide agree that the immigration courts are overburdened. The approximately 350 immigration judges who work in about 60 courts around the country are currently tasked with reviewing close to 700,000 cases. The Trump administration has made several, mostly misguided, attempts to fix this backlog. However, as Former Chairman of the BIA Paul Schmidt stated recently ‘‘Nobody… can fix this system while it remains under the control of DOJ.’’

Because the immigration courts, along with the Board of Immigration Appeals, are currently part of the Department of Justice, the attorney general, and others in the executive, not least of all the president, are in charge of agency regulations, case procedures, the hiring and firing of judges, and decision-making.

 

In recent months the administration has made unprecedented attacks on the judicial independence of immigration judges, including policy changes that are in direct contradiction to the recommendations of an April 2017 Booz Allen Hamilton report commissioned by the Department of Justice.

On March 30 the administration instituted a case completion quota of 700 a year for a “satisfactory” performance rating. This amounts to each Immigration Judge needing to complete on average three cases every working day. For judges who have dockets with a high number of asylum cases, for example, this arbitrary requirement will push them to expedite cases in ways that are extremely dangerous to due process.

As the president of the National Association of Immigration Judges, Judge Tabaddor, testified at the congressional hearing, there has been ‘‘no quota ever, in any court; somehow implicit in [designating a quota] is that judges are not doing enough… [However, w]e should focus on [is] how we can support our judges.’’

Over the last six years I have directly or indirectly litigated over a hundred asylum cases, and in 95 percent of the cases the hearing takes about 3.5 hours, or the equivalent of one working morning or afternoon. This does not include the time a judge needs in camera to review the hundreds of pages of evidence in the record. In reality, a judge who completes one asylum case a day, and not three, is already extremely efficient.

The real problem is not with how hard-working the immigration judges are. As I explained in a 2016 article, part of the problem lies with understaffing. Instead of hiring a reasonable number of judges and law clerks, and otherwise investing in supporting the work of our Immigration Judges, the Administration is eliminating administrative closure and calling for administratively closed cases to be put back on the docket, actions that only serve to raise the number of pending cases.

If, for example, the Department of Justice puts all the administratively closed cases back on the docket, it would increase the court backlog to over 1,000,000.  These are cases of crime victims and DACA recipients and others where an immigration judge has already determined that it would not be a good use of judicial resources, or in the public interest, to litigate, usually because the person is eligible for some non-judicial form of immigration relief and has a case pending with USCIS. Re-calendaring these cases would not only unnecessarily increase the work of taxpayer-funded DHS Trial Attorneys but it would add more pressure to the already overworked immigration judges.

The attorney general has also stepped into managing the immigration courts by restricting the use of continuances, which in the fast-paced detention context where my organization works are often necessary in order to have time to obtain crucial pieces of evidence and otherwise prepare for trial.

While the attorney general is the boss and is responsible for the judges’ performance, he should have a little more faith in the good judgement of his immigration judges, who, unlike the attorney general, are looking at the situation-specific issues in the individual case before them.

While the helpfulness of the attorney general’s methods for carrying out his job are questionable at best, the underlying problem remains that, regardless of our political opinion on the administration’s policies, those policies are affecting the judicial independence of our immigration courts and putting due process in jeopardy.

What the attorney general says matters to the immigration judges working under him. In one recent case, the immigration judge cited him as saying there is a lot of fraud in the asylum process as evidence that the asylum seeker was lying. Not only was the attorney general’s statement not based on facts — at least not on facts made publicly available, or that anyone even claimed exist, and which statement runs in stark contrast to my six years of on-the-ground experience — but that statement had nothing to do with the truthfulness of the individual asylum seeker present before the court.

Additionally, as stated by the former president of the National Association of Immigration Judges Dana Marks, there is a ‘‘conflict of interest between the judicial and prosecutorial functions [of the Department of Justice that] creates a significant (and perhaps even fatal) flaw to the immigration court structure.’’

It appears that the administration is looking for specific outcomes in cases with little regard to the merits of the claim. The attorney general has certified an unprecedented number cases to himself for review with the idea that he might change the decision of the Board of Immigration Appeals. This extraordinary power of one political-appointee to overturn the decision of trained immigration judges is fundamentally at odds with judicial independence.

Unfortunately, it appears that not only the review and firing of judges has become political, but their hiring too. Information has surfaced that the Department of Justice is asking candidates questions about their political party affiliation, their position on same-sex relationships, and their opinion on abortion; preparing internal memos on those whose immigration views that do not align with the administration’s policies; slowing down review of applications where there are ideological differences; and withdrawing employment offers or delaying start dates by up to a one and a half years.

Making judicial decisions subject to the political whims of the times, and not dependent on the accurate execution of the law, is a serious risk to the checks-and-balances system underlying our democracy. The need for independent immigration courts has never been clearer.

Sara Ramey is an immigration attorney and the executive director at the Migrant Center for Human Rights in San Antonio, Texas. The views in this article are not intended to reflect the official position of the organization.

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

As this article shows, inappropriate anti-asylum statements and knowingly false narratives from Jeff Sessions do affect the fairness of results.  Yes, there are many courageous judges in the system who continue to treat respondents fairly and grant relief in appropriate cases.

But, numerous reports have established that there are Immigration Judges with anti-asylum and anti-migrant biases similar to Sessions’s. They now feel “empowered” to ignore the law, fairness, and Due Process to deny most applications and remove more migrants.

Moreover, some of the more experienced judges are retirement eligible and therefore largely immune from Sessions’s power because they are immediately eligible to retire. But, as they grow frustrated with the Aimless Docket Reshuffling and growing backlogs created by this Administration’s irresponsible actions and retire, they will be replaced by inexperienced judges. These new judges, in addition to being hand-picked by Sessions, without public input, are subject to removal at will during a two-year “probationary period.” Therefore, new judges are more likely to be influenced by Sessions’s xenophobic, anti-Due-Process views.

Additionally, Sessions  is hard at work misusing his “certification” authority to overturn or limit established interpretations and procedures that implement protection and further Due Process and fairness for migrants.

Another important part of Sara’s article — giving lie to the concept that Immigration Judges can complete more than tow “full merits” asylum hearings per day consistent with Due Process.

Over the last six years I have directly or indirectly litigated over a hundred asylum cases, and in 95 percent of the cases the hearing takes about 3.5 hours, or the equivalent of one working morning or afternoon. This does not include the time a judge needs in camera to review the hundreds of pages of evidence in the record. In reality, a judge who completes one asylum case a day, and not three, is already extremely efficient.

Given the tendency of the current Administration not to settle or otherwise reasonably negotiate Immigration Court cases, the number of “full merits” hearings and appeals is likely to increase dramatically, thus adding to the already overwhelming backlog!

Time to end this farce!

PWS

05-24-17

THE HILL: NOLAN SAYS TRUMP‘S “GET TOUGH” IMMIGRATION POLICIES COULD BE “SOUND AND FURY SIGNIFYING NOTHING!”

http://thehill.com/opinion/immigration/388488-enforcing-trumps-immigration-plan-will-be-harder-than-he-thinks

Family Pictures

Nolan writes:

Trump inherited a number of immigration enforcement problems from the Obama administration, the most serious of which was an immigration court backlog that has prevented him from using removal proceedings to reduce the size of the undocumented alien population.

His solution seems to be to heed the advice of Mitt Romney, who said, when asked about reducing the population of undocumented aliens during a debate in 2012:

The answer is self-deportation, which is people decide they can do better by going home because they can’t find work here because they don’t have legal documentation to allow them to work here.”

But Trump is using harboring prosecutions to discourage people from helping undocumented aliens to remain here illegally in addition to enforcing employer sanctions to discourage employers from giving them jobs.

Neither is likely to be successful.

. . . .

If Trump doesn’t find more promising enforcement measures, historians familiar with Macbeth may say that his “hour upon the stage” just amounted to “sound and fury, signifying nothing.”

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

Go on over to The Hill at the link to read Nolan’s complete article with much more analysis!

I agree with Nolan that in practical terms of reducing the overall undocumented population, Trump’s strategies are not likely to succeed to a numerically significant extent. But, maybe that’s not the objective.

If the real objective to inflict unnecessary pain and suffering, keep stirring the pot of xenophobia, and rev up a restrictionist base, the policies might make more sense. And, certainly guys like Trump, Sessions, & Neilsen never take any responsibility for their own failures — they just shift the blame to others and use that as a bogus justification for seeking (or demanding) unneeded, draconian changes in the law.

PWS

05-21-18

RELIGION: JIM WALLIS @ SOJOURNERS: Can The Real Jesus Who Preached Kindness, Mercy, Forgiveness, Tolerance, Peace, Humility, Sacrifice, and Stood With The Most Downtrodden In Society Be Reclaimed From The Clutches Of The Religious Right? — “Would Jesus talk this way about immigrants, act this way toward women, use such divisive language of racial fear and resentment, show such a blatant disregard for truth, prefer strong-man to servant leadership, and really say that one country should be ‘first?'”

Just recently, a Washington lawmaker asked me a question over breakfast that has stayed with me ever since. The national legislator is a Christian, but genuinely was having a hard time understanding the message and motivation of the evangelical “advisers” to President Donald Trump. He posed the sincere query, “What about Jesus?” It is exactly the right question and I have thought about it since our conversation: “What about Jesus?”

What do these evangelicals do with that question as they listen and talk with and for Donald Trump? Would Jesus talk this way about immigrants, act this way toward women, use such divisive language of racial fear and resentment, show such a blatant disregard for truth, prefer strong-man to servant leadership, and really say that one country should be “first?” What do we do with Jesus? That is always the right question, including when it comes to politics, and especially if we say we are followers of Jesus Christ.

I ask you to watch this short four-minute video in which several Christian elders from across many traditions and racial lines ask that vital question in their message of Reclaiming Jesus in a Time of Crisis. Listen to their voices and the core teachings of Jesus they are raising.

SEE THE VIDEO

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

Of course the “Biblical Jesus” would “just say no” to the rhetoric, philosophy, and corrupt actions of the Trump Administration. Stomping on the poor to aid the rich? “Suffer the children to come unto me” so that I  can can separate them from their mothers and put their mothers in prison? Denying protection to the vulnerable stranger? Adultery? Sexual humiliation and abuse of women? Lies? Elevating the material over the spiritual? Putting one’s own “cult of personality” and financial interests ahead of God’s? Self aggrandizement as opposed to self-sacrifice? No Way!

If Jesus were among us, He certainly would be one of the members of the “Migrant Caravans” waiting with the vulnerable to see how we will judge Him and whether He and those around him will receive mercy and justice. There is no way He would be “hanging out” with the Trump Administration and their vile dehumanizing actions and false narratives!

PWS

05-20-18

OAKLAND, CA MAYOR LIBBY SCHAFF BASICALLY TELLS TRUMP & SESSIONS TO “SHOVE IT!”

https://www.washingtonpost.com/opinions/no-mr-president-i-am-not-obstructing-justice/2018/05/18/0d64e5cc-5ab5-11e8-b656-a5f8c2a9295d_story.html

Schaff writes in the Washington Post:

When President Trump was admonishing Attorney General Jeff Sessions to charge me with obstruction of justice Wednesday, I was at Harvard University sharing how we intend to give every child from Oakland, Calif., the opportunity to attend college.

Like all cities, Oakland suffers from disparities. Our African American and Latino children finish college at vastly lower rates than whites. That achievement gap is a tragic legacy of our country’s racist history.

I sought elected office to fix that — to build an equitable city where every resident, from every neighborhood and background, has the same opportunity to thrive. I believe in the American promise of “justice for all.”

Mr. President, I am not obstructing justice. I am seeking it.

The president takes issue with a tweet I posted in February in which I notified residents of an impending raid by Immigration and Customs Enforcement in the Bay Area, including Oakland. I wanted to make sure that people were prepared, not panicked, and that they understood their legal rights.

I did this for people such as Maria Mendoza-Sanchez, who immigrated to the United States from Mexico 24 years ago . She learned English, earned a degree and worked as a nurse in the cancer ward of Oakland’s public hospital. She and her husband, Eusebio, raised four children and bought a home.

“It’s supposed to be that if you assimilate to the culture of the country, you pay taxes, you work, you graduate college, you have a better chance,” Mendoza-Sanchez told the San Francisco Chronicle.

Last August, Mendoza-Sanchez and her husband were deported. They were ripped from their U.S.-born children — exiled to a country they had not set foot in for two decades. And they were taken from Oakland, where they had contributed to our community’s collective health, well-being and safety.

Under the Obama administration, Mendoza-Sanchez’s status — with a clean record, a good job and college-bound children — made her and her husband eligible for deferrals as they sought citizenship. But under the Trump administration, undocumented residents are vilified as “dangerous criminals” or, as of last week — simply “animals.” Trump has more than doubled deportations of people without any criminal convictions.

There are people like Mendoza-Sanchez in communities across our country: hard-working, tax-paying, law-abiding. They are parents, neighbors and caretakers. Their stories may have begun in another country, but — to our blessing and advantage — continue in ours.

They deserve justice too.

Far from the days when Trump’s Scottish mother gained her naturalization so easily, today’s immigration system is broken. It separates families, endangers our economy that relies on a substantial undocumented workforce and doesn’t provide legal representation to those seeking political asylum.

As mayor, it’s my duty to protect my residents — especially when our most vulnerable are unjustly attacked. As a leader, it’s my duty to call out this administration’s anti-immigrant fearmongering for what it is: a racist lie.

It’s well documented that immigrants — even undocumented immigrants — commit fewer crimes than American-born citizens. And diverse, sanctuary cities such as Oakland are seeing dramatic decreases in crime.

Back at Harvard, I was proud to show how our community has increased the number of college-enrolled, African American students by 14 percent and Latino students by 11 percent in just one year. We’re determined to close the achievement gap one student, one family and one community at a time.

We call our plan the Oakland Promise. It exemplifies America’s promise. Because Oakland doesn’t obstruct justice, we seek it.

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

Fools and Constitutional scofflaws that they are, Trump, Sessions, and ICE are on a path to invite the Article III Federal Courts to review prosecutorial decisions.  Normally, Federal Courts give the Executive wide latitude in deciding which cases to investigate and prosecute. About the only known limit is where the prosecution clearly is based in invidious racial, religious, of political grounds.

By setting forth the public framework for politically motivated prosecutions of public officials who resist the Trump/Sessions program of coercing state and local officials and terrorizing local communities, the Trumpsters are almost guaranteeing that their prosecutorial decisions relating to public officials will be subject to at least some degree of judicial scrutiny. Their constant abuses of Executive authority are likely to weaken the power of future Executives. Given their extraordinarily poor example, that’s probably a  good thing for the country!

 

PWS

05-19-18

COURTSIDE HISTORY: LEST WE FORGET: THE “ASHCROFT PURGE” AT THE BIA IN 2003 DESTROYED THE PRETEXT OF JUDICIAL INDEPENDENCE AT EOIR FOREVER – HERE’S HOW! — Read Peter Levinson’s 2004 Paper: “The Facade Of Quasi-Judicial Independence In Immigration Appellate Adjudications”

Levinson–The Facade Of Quasi-Judicial Independence

Read Peter’s full article at the above link (sorry about the difficult formatting — this was my “file copy.”)

Abstract:

Recently the quasi-judicial appellate process for reviewing decisions of immigration judges in noncitizen removal proceedings changed dramatically when the Department of Justice proposed and later implemented a major downsizing of the Board of Immigration Appeals combined with greatly enhanced reliance on single Board members to decide cases. Because the rule restructuring the Board did not limit the Attorney General�s discretion in identifying those who would lose their Board Member positions�and potential criteria referenced by the Department of Justice in that regard were not helpful in explaining how reassigned Board Members differed from colleagues who remained-�this study undertook an examination of case related data.
The study of closely divided en banc precedent decisions of the Board during the period of service by all five subsequently reassigned Board Members showed that adjudicators inclined to favor the position of noncitizens were particularly vulnerable. In fact, four out of the five Board Members who most often supported outcomes favorable to the noncitizen faced reassignment�and the fifth reassigned Member�s stance in favor of the noncitizen in a high profile case of importance to the Attorney General could explain his reassignment. Outcomes in the closely divided cases also suggested that the Attorney General succeeded in moving the Board of Immigration Appeals in a conservative direction just by announcing his downsizing plans�and the result of implementing downsizing the following year was to remake the Board into a largely homogeneous body without significant dissent.
The paper discusses the need for independent immigration adjudicators and points to the judicial nature of the Board�s work. The Board�s experience under Attorney General Ashcroft, the paper concludes, should give new impetus to efforts to separate review of immigration judge decisions from an agency with law enforcement responsibilities. The alternatives recommended by Federal commissions�a specialized court or an independent Executive Branch adjudicatory agency�continue to provide potential solutions.

 

************************************
Ashcroft certainly “poisoned the well” for judicial independence and Due Process at EOIR. And, frankly, the Obama Administration was also a huge part of the problem.
Well aware of the Ashcroft travesty at EOIR, the Obama DOJ basically covered up the truth and furthered a captive, complacent, “go along to get along” Immigration Court system, overwhelmingly composed of judges from government and prosecutorial backgrounds, because it furthered their own aims of compromising judicial independence to achieve “political goals,” when necessary. As one of my colleagues said, “while the Obama Administration was not Sessions, they certainly made Sessions possible, perhaps probable.”
If Ashcroft and the Bushies “poisoned the well,” Obama let the contamination fester, and Sessions now basically “dumps cyanide into the well” on an almost daily basis.
History is repeating itself  in the ugliest possible manner at EOIR. The only question is whether armed with knowledge of the evils of the past, we can change the future to create a system of independent judges who will truly aspire to “be the worlds’ best tribunals, guaranteeing fairness and Due Process for all.”
Join the New Due Process Army! Due Process Forever!
 
PWS
05-17-18

MICHAEL GERSON @ WASHPOST: TRUMP USES “BULLY PULPIT” TO BULLY CHILDREN! — Some Damage Likely Irreparable! — “The separation of children from their parents as a deterrent is a human rights abuse.”

https://www.washingtonpost.com/opinions/americas-president-is-the-bully-of-children/2018/05/14/178c941c-579c-11e8-8836-a4a123c359ab_story.html?utm_term=.68038e376ea8

How does President Trump act when he feels on top of the economic and diplomatic world? As his influence solidifies within the GOP? As his poll numbers tick upward?

If a recent Cabinet meeting tirade is any indication, political security has not translated into magnanimity. According to news reports, Trump spent 30 minutes dressing down his homeland security secretary, Kirstjen Nielsen, for insufficient zeal in closing the southern border to illegal immigrants. One consistent source of tension between the two has been Trump’s desire to use family separation as a deterrent against illegal crossings.

Trump unbound is increasingly impatient with the excessive humanity of some of his own staff. This is not a problem he has, to be clear, with his chief of staff. Asked if family separation was cruel and heartless, John F. Kelly replied, “I wouldn’t put it quite that way. The children will be taken care of — put into foster care or whatever. But the big point is they elected to come illegally into the United States.” He described the family-separation policy as a “tough deterrent.”

No, pulling crying children from the arms of their parents is not heartless at all. They will be taken care of, “or whatever.” For Kelly and Trump, the defining characteristic of these migrants is their illegality, not their personhood or their dignity. This is the definition of dehumanization.

A few points. First, the debate over a border wall is a policy matter. The separation of children from their parents as a deterrent is a human rights abuse. And the Trump administration, at its highest levels, cannot tell the difference.

As usual, Trump and his team are operating in a complete vacuum of historical knowledge. Family separation is not new to America. It was essential to the practice of chattel slavery. If enslaved people were truly property, they could not also be husbands and wives, or constitute true families. If those emotional and moral bonds were conceded as valid, slavery’s whole structure of dehumanization would crumble. Which is exactly why abolitionist Harriet Beecher Stowe emphasized the cruel separation of families in “Uncle Tom’s Cabin.”

Inhuman immigration enforcement is not the moral or legal equivalent of slavery. But a nation with this history should take particular care when contemplating family separation as official policy. Few human beings would treat other human beings in this manner. Which is exactly why Trump and Kelly must present “illegals” as lesser beings defined by their criminality.

Second, if the deterrence of crime is the only standard we employ in immigration enforcement, what is the limiting principle? Why stop at the separation of families? Why not put able-bodied illegal immigrant children to work in salt mines? Why not plant land mines at the border? Why not strafe illegal immigrants from attack helicopters?

The answer, of course, is that America, by definition, has a higher standard than legality. Our country’s most basic commitment — and its limiting principle — is universal human rights and dignity. This does not prevent the government from enforcing reasonable immigration laws. It does forbid the government from inhumanity in the enforcement of immigration laws. And there is no definition of inhumanity that does not include the intentional separation of parents from their children.

The fragmentation of families can be a tragic byproduct of the criminal-justice system. Many American children must visit a parent in prison. But if the breakup of families were proposed as a tough deterrent for crime — as a policy and a punishment — it would rightly be seen as a betrayal of American values. As it would be at our borders.

Third, Trump’s policy of family separation illustrates the swift downward spiral of demagoguery. In 2012, citizen Trump criticized Mitt Romney’s “crazy policy of self-deportation, which was maniacal. It sounded as bad as it was, and he lost all of the Latino vote. . . . He lost everybody who is inspired to come into this country.” By his candidacy announcement tour in 2015, Trump had discovered the visceral appeal of presenting Mexican immigrants as rapists and murderers. Now he feels comfortable proposing the punishment of children and the purposeful destruction of immigrant families as a deterrent. And he feels comfortable because the Republican Party has surrendered, step by step, to his agenda of dehumanization.

Other American presidents have used their accumulated political capital for humanitarian goals. Trump is a leader who, as he grows politically stronger, is using his power to attack and exploit the weak and vulnerable. America’s president is the bullier of children.

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

Gerson is “right on” in his analysis of the truly reprehensible program of de-humanization of migrants (and indeed of all people of color) being carried on by the Trumpsters.

Gotta ask the question though:

Michael, My Man, where was your “spot on” sense of morality, humanity, and values during the during the Bush II Administration when, as I remember it, you were part of the “spin team” trying to put a favorable gloss on some of the immoral, and sometimes illegal, acts of the Bush II Administration?

On the other hand, I’d have to admit to serving Administrations and private clients whose values I did not always share. So, it’s probably better to attain some moral clarity later in life than not at all.

And, perhaps, having once defended the questionable, marginally defensible, or the indefensible is part of the overall “learning curve” in public service. Upon my “first retirement” from Government, I remember being told by one senior DOJ lawyer that he would miss my “unparalleled ability to provide rational explanations for some of the essentially irrational policies” of my “client.”

The main problem with the Trumpsters is that they appear to have neither second thoughts nor moral qualms about most of the immoral and sometimes illegal actions and positions they are advancing. In the long run, that’s got to be bad for our country and the world. Lack of judgement, courage, and values appear to be the qualifications for service at the higher levels of the Trump administration.

PWS

05-15-18

 

 

TWO NEW FROM TAL @ CNN: 1) DACA Machinations Continue In GOP House; 2) Nielsen Tries To Defend Kiddie Detention: “[S]imilar things happen in the criminal courts in the US ‘every day.’”

Lawmakers who support DACA say they ‘already have the votes’ to force House debate

By: Tal Kopan, CNN

An effort to force a House vote on immigration didn’t pick up any new supporters Tuesday night, but its backers say they are already sure it will reach enough signatures to hit the floor.

“We are extremely confident we already have the votes,” Republican Rep. Jeff Denham of California said as he walked onto the House floor for the first votes of the week, which was the first opportunity lawmakers had to sign the measure since last week.

He walked into the Capitol with Republican Rep. Carlos Curbelo of Florida, who filed the so-called discharge petition on Denham’s rule, which brings a floor vote on the Deferred Action for Childhood Arrivals policy. DACA protected young undocumented immigrants who came to the US as children, but President Donald Trump has decided to end it, though courts have temporarily paused that plan.

The two lawmakers are leading the charge among a group of moderate Republicans who are bucking their party leadership to push forward the petition, which circumvents leadership and the committee process.

If the petition can pick up 25 Republican signatures and those of every Democrat in the House, leadership would be forced to call four bills to the floor that address DACA. It currently has support from 18 Republicans and one Democrat, who signed earlier than the rest of her party last week because she expected to be out all of this week. The petition’s backers still expect to hit the number of signatures this week.

Denham’s rule would provide for debate and votes on four different immigration-related bills. One would be a bipartisan compromise, one would be a hardline bill supported by conservatives, one would be a Democratic bill to authorize just a version of the DACA program into law and one is completely up to House Speaker Paul Ryan — leaving him free to choose any bill.

Leadership, however, is whipping against the measure, asking moderates to not sign it and emphasizing the importance of House Republicans keeping control of legislation and solving the problem on their terms, according to a Republican leadership aide.

On Tuesday, House Speaker Paul Ryan, R-Wisconsin, and Majority Leader Kevin McCarthy, R-California, traveled to the White House “to continue the conversation about addressing our broken immigration system,” Ryan’s spokeswoman AshLee Strong said in a statement.

Plenty more: http://www.cnn.com/2018/05/15/politics/daca-house-vote-discharge-petition-update/index.html

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

DHS secretary defends separating families at the border

By Tal Kopan, CNN

Homeland Security Secretary Kirstjen Nielsen on Tuesday defended an agency policy that will result in more families being separated at the border, saying, under a barrage of questions at a Senate hearing, that similar separations happen in the US “every day.”

But Nielsen also agreed with senators that more must be done to protect the children who either come to the US without their parents or are separated from them.

Nielsen was testifying Tuesday at a Senate Homeland Security and Governmental Affairs Committee hearing, where lawmakers on both sides of the aisle raised concerns about what happens to immigrant children who end up in the custody of DHS, who — by law — transfers such minors to the custody of Health and Human Services within two days.

“Once you start taking these children, please, I don’t think any record should reflect that somehow, you are confident or anybody is confident that they’re being placed in a safe and secure environment,” said Sen. Claire McCaskill, the top Democrat on the committee.

Nielsen said the department has recently instituted a policy that it will refer everyone caught crossing the border illegally for prosecution, even if they are claiming they deserve asylum or have small children. Any parents who are prosecuted as a result will be separated from their children in the process.

Nielsen said similar things happen in the criminal courts in the US “every day.”

More: http://www.cnn.com/2018/05/15/politics/dhs-separating-families-secretary-nielsen-hearing/index.html

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

  • Re DACA: I’d never estimate the ability of the Freedom Caucus, Chairman Goodlatte, GOP restrictionists, and the White House to throw a monkey wrench in any sensible DACA resolution.
  • RE Kiddie Detention (a/k/a “Government Sponsored Child Abuse”):
    • Sorry KN, but this isn’t really what happens “every day in criminal courts in the U.S.”
      • Most first time misdemeanor offenders are either:
        • Not charged at all;
        • Sent to a pretrial diversion; or
        • Released on recognizance or a minimal bond.
      • Most criminal court judges in the US try very hard to avoid situations where children have to be placed in government custody, for both cost and humanitarian reasons.
        • In one criminal case that actually was involved with, the sentencing judge made it a point to sentence the husband and wife, who both were convicted, to serve their terms consecutively so that the children would not be without parental custody and supervision.
      • Just another of the many examples of the Trump Administration “working to the lowest common denominator” rather than trying to use the power of the Federal government to elevate standards.
      • According to other reports in today’s news, the DHS is working to place migrant children on U.S. Military Bases. Wow, what a colossal abuse of both the justice system and the purpose of military bases!
    • KN and her sycophant colleagues will not be able to escape the judgment of history for what they are doing.
      • Also, kids have long memories. Look at what happened to all of the Catholic priests and their superiors who thought that they would be able to avoid responsibility for child abuse!
        • Helpless, abused kids eventually grow up to be angry, empowered, and motivated adults who will seek to expose and bring to justice their abusers and tormentors!

PWS

05-16-18

 

NOLAN’S LATEST @ THE HILL – Sessions’s Next Move Might Well Be To “Gin Up” Harboring Prosecutions!

http://thehill.com/opinion/immigration/387533-harboring-undocumented-aliens-is-still-a-crime-expect-sessions-to

 

Family Pictures

Nolan writes:

I raised the possibility a year ago that Chicago Mayor Rahm Emanuel will face criminal charges for harboring undocumented aliens if he goes much further with his sanctuary policies.

Punishment for harboring ranges from a fine and/or up to a year in prison to life in prison or a death sentence.

It hasn’t happened…yet. But Attorney General Jeff Sessions has called for more harboring prosecutions and is not limiting the reach of the harboring provisions.

The Border Patrol arrested a member of the No More Deaths humanitarian group in the Arizona desert a few months ago and charged him with harboring for giving aliens who had made an illegal crossing food, water, and a place to sleep for three days.

Harboring prosecutions are still uncommon, but I expect this to change when Sessions realizes that the immigration court backlog crisis is making it impossible for him to enforce the immigration laws effectively.

He will have to find ways to make America a less desirable place for undocumented aliens to live. In other words, he will have to encourage “self-deportation.”

Harboring prosecutions can serve this purpose by making individuals, landlords, employers, humanitarian organizations, etc., afraid to become involved with undocumented aliens. Even church congregations would be vulnerable.

. . . .

Will harboring prosecutions be more successful than employer sanctions were?

Maybe not, but Sessions has to try something and harboring prosecutions might help.

To convict someone of harboring, the government must establish that the defendant concealed, harbored, or shielded an undocumented alien from detection. A conviction can result from committing any one of the three acts.

The harboring provisions provide the following penalties for each alien in respect to whom a violation occurs:

  1. If the offense did not involve commercial advantage or financial gain, a fine or imprisonment for up to 5 years, or both;
  2. If it was done for commercial advantage or financial gain, a fine or imprisonment for up to 10 years, or both;
  3. In the case of a violation during and in relation to which the offender causes serious bodily injury, or places in jeopardy the life of any person, a fine or imprisonment for up to 20 years, or both; and
  4. In the case of a violation resulting in the death of any person, a death sentence or imprisoned for any term of years or for life, a fine, or both.

The statute does not define “conceal,” “harbor,” or “shield from detection.” The federal courts have had to define these terms.

Conceal” generally has been taken to mean hiding or otherwise preventing the discovery of an undocumented alien.

Courts have interpreted “shielding” more expansively. Even the making of false statements or falsifying documents may constitute “shielding.”

According to the ACLU, “harboring” is defined differently in the various federal jurisdictions across the country.

The most frequent characteristic the courts have used to describe “harboring” is that it facilitates an immigrant’s remaining in the United States illegally, which encompasses an extremely wide range of activities.

This is certain to result in inconsistent verdicts. People are going to be incarcerated for conduct that wouldn’t have been considered a crime if it had been committed in a different judicial district.

While a large-scale, nationwide campaign of harboring prosecutions might make it harder for undocumented aliens to live in the United States, the cost will be too high if it fills our prisons with American citizens and Lawful Permanent Residents who were just trying to be good Samaritans.

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

Get Nolan’s complete article over at The Hill at the link!

Yeah, I could see Sessions pursuing this. But, believe it or not, it’s been tried before and failed as a deterrent.

During the Reagan Administration, when I was the INS Deputy General Counsel, the Administration brought criminal cases against some of the leaders of the so-called “Sanctuary Movement” in Texas and Arizona.

Unlike undocumented migrants held in immigration detention, those charged with harboring are always vigorously represented by good defense lawyers. The trials are very time-consuming and labor intensive.

I remember once spending the better part of a week in South Texas waiting to be called as a Government witness in a sanctuary prosecution. Upon finally being reached on the witness list, all I got to state was my name and position before the U.S. District Judge sustained the defendants’ objection to my testimony and disqualified me as a witness.

Also, unlike prosecuting undocumented migrants in Immigration Court, 100% of the convictions are appealed, a process that also stretches out for many years. Even when the Government “wins” the case and a conviction is sustained, the sentence is almost always probation or something quite nominal.

In other words, this is a “strategy’ that will tie up lots of U.S. Attorney and Federal Judicial resources, create lots of ill feeling in the community, but provide no real deterrence.  Indeed, my recollection is that rather than deterring the “Sanctuary Movement,” these prosecutions actually inspired and motivated groups opposed to the Government’s policies on Central American migrants!

In fact, eventually there were enough demonstrated problems with the Regan/Bush I Administrations’ approach to Central American asylum seekers that the plaintiffs succeeded in a class action in getting a “redo” of all the cases. This was known as ABC v. Thornburgh. This case, for all practical purposes, ended the U.S. Government’s efforts to expel the Central American asylum seekers who arrived during the 1980s.

Eventually, class members were allowed to obtain green cards under the Nicaraguan and Central American Relief Act (“NACRA”). I was pleased to have approved numerous NACARA cases during my tenure as an Immigration Judge in Arlington. (Yes, they were still around decades later.)

I was continuously inspired by what these hard-working families had achieved in their lives, notwithstanding our efforts to expel them. No, they weren’t all “rocket scientists.” But, nearly without exception, they were contributing members of our community, providing important services or creating necessary goods.

One of the many things that “gives lie” to the restrictionist claim that the current wave of asylum seekers and migrants from the Northern Triangle won’t “fit in” and be able to assimilate. About the only thing inhibiting “assimilation” is our Government’s unwillingness to allow it to take place, and actually acting to discourage it in many, many ways.

I found NACARA applicants to be remarkably “the same as the rest of us, perhaps better” in terms dedication to the “American Dream,” work ethic, respect for education, and willingness to sacrifice so that future generations could have better lives. The only real difference was the “pure luck” of those of us who had the good fortune to be born here.

A “smart” approach to immigration would be to “can” the waste of resources on border prosecutions and detention and put together another legislative effort like NACARA, only this time for all long-time undocumented residents of the US. But, of course, that wouldn’t serve to “fire up” the White Nationalist electoral base that Trump relies upon.

Common sense, learning from history, responsible use of Government resources, and basic human decency are qualities conspicuously absent from Sessions. But, I think that the “NACRA story” shows a very plausible “ultimate long-term outcome” for the latest, ultimately doomed, efforts to deal with immigration issues exclusively with restrictionist policies.

Finally, Nolan has kindly supplied us with an updated link to a list of all seventy (70) of his past articles in The Hill on immigration policy. Congratulations, Nolan, for your prodigious contributions!

http://thehill.com/search/site/Nolan%20Rappaport

 

PWS

05-15-18

 

 

“NEO KNOW NOTHING” KELLY LOBS RACIAL GRENADES AT HARD-WORKING MIGRANTS & THEIR “ASSIMILATION” — “Like Trump and Attorney General Jeff Sessions, Kelly has made it clear that ‘law and order’ — perhaps based on stereotypical ideas of outsiders — will be the dominant philosophy he employs when responding to immigrants seeking the American Dream that Kelly’s ancestors pursued.”

https://www.washingtonpost.com/news/the-fix/wp/2018/05/11/john-kellys-assimilation-into-a-hard-line-stance-against-illegal-immigrants/?utm_term=.e2507001a73c

Eugene Scott writes in “The Fix” @  WashPost:

White House Chief of Staff John F. Kelly provided another reminder that he continues to support President Trump’s hard-line immigration policies in an NPR interview that aired Friday.

Kelly was defending the Justice Department’s policy that includes separating children from parents being prosecuted for  immigrating illegally into the United States, when he told NPR that undocumented immigrants do not “easily assimilate” into American culture. Here’s what he said:

The vast majority of the people that move illegally into the United States are not bad people. They’re not criminals. They’re not MS-13. … But they’re also not people that would easily assimilate into the United States, into our modern society. They’re overwhelmingly rural people. In the countries they come from, fourth-, fifth-, sixth-grade educations are kind of the norm. They don’t speak English; obviously that’s a big thing. … They don’t integrate well; they don’t have skills. They’re not bad people. They’re coming here for a reason. And I sympathize with the reason. But the laws are the laws. … The big point is they elected to come illegally into the United States, and this is a technique that no one hopes will be used extensively or for very long.

Kelly’s belief is a popular one from hard-line conservative groups, and that line of thinking often extends to claims that undocumented and legal immigrants are more of a drain on the American economy than an asset.

In a 2016 piece on welfare use in immigrant households published by the Center for Immigration Studies, a nonprofit group advocating for lower immigration, Jason Richwine claims that both legal and illegal immigrant households cost taxpayers more than native citizens in welfare dollars than the average household of native-born citizens, and that “The greater consumption of welfare dollars by immigrants can be explained in large part by their lower level of education and larger number of children compared to natives.”

However, other right-leaning think tanks disputed the findings in the CIS report. The Cato Institute, a libertarian think tank, picked apart the methodology used by CIS to support their claims, calling their findings “exaggerated.”

CIS — and many hard-liners on immigration — don’t want to see less illegal immigration. They want to see less immigration period, wrote Alex Nowrasteh, a senior immigration policy analyst at Cato. If they can argue that immigrants struggle to “Americanize” well and instead end up draining this country’s resources, they hope lawmakers will back policy ideas that keep immigration numbers as close to zero as possible.

It’s true that immigrants from rural communities, with little education, no command of English and a lack of skills to gain meaningful employment do not find assimilating into “modern society” easy. But it’s not impossible. Beginning more than a century ago, nearly 2 million immigrants from Ireland — the country from which Kelly’s ancestors descend — came to the United States, where they faced harsh backlash from native citizens. People of Irish heritage now make up 10 percent of the U.S. population, according to the Census Bureau.

As with previous cases, not all of Kelly’s statements Friday totally meshed with the president’s.

In the same NPR interview, Kelly spoke in favor of granting a path to citizenship for immigrants who have been in the United States under temporary protected status from countries like El Salvador, Haiti and Honduras, if they had been here long enough to assimilate.

You take the Central Americans that have been here 20-plus years. I mean if you really start looking at them and saying, “Okay, you know you’ve been here 20 years. What have you done with your life?” Well, I’ve met an American guy and I have three children and I’ve worked and gotten a degree or I’m a brick mason or something like that. That’s what I think we should do — for the ones that have been here for shorter periods of time, the whatever it was that gave them TPS status in the first place. If that is solved back in their home countries they should go home.

Still, Kelly’s strong stance against illegal immigration will probably land well with Trump’s base, and could help him remain in good favor with his boss despite frequent reports that Trump is often frustrated with Kelly’s performance in other areas. Kelly spoke to NPR the same day Trump reportedly unleashed a tirade on Homeland Security Secretary Kirstjen Nielsen, a close Kelly ally, over what Trump views as unsatisfactory border security.

But it’s worth highlighting that significant percentages of Americans don’t share the Trump White House’s hardest positions on immigration. And separating children from their parents has previously been a line that even conservatives did not want to cross.

Like Trump and Attorney General Jeff Sessions, Kelly has made it clear that “law and order” — perhaps based on stereotypical ideas of outsiders — will be the dominant philosophy he employs when responding to immigrants seeking the American Dream that Kelly’s ancestors pursued.

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

Also in the Post, Karen Tumulty provides a little history lesson to Kelly:

White House Chief of Staff John F. Kelly wants you to know that he does not think most immigrants who come to this country illegally are bad people. His concern, as he explained it in an interview with National Public Radio on Thursday, is that they are “overwhelmingly rural people,” with little education. “They’re also not people that would easily assimilate into the United States into our modern society,” he said.

It would be disturbing to hear any person in a position of trust express such lack of regard for the fundamental values that have made this country what it is. But in Kelly’s case, it was particularly egregious because … well, because his name is Kelly.

His ancestors came from Ireland, as mine did. He grew up on Bigelow Street in the Brighton neighborhood of Boston, where reminders of his heritage — and of the opportunities made possible by his immigrant forebears — would have been everywhere he looked.

The Irish came to America with plenty of assimilation challenges of their own. They had mostly lived in rural areas, which made it difficult for them to adjust to the big cities in which they found themselves. They had little education. As they were fleeing seven years of famine, few had been able to scrape together more than the fare to get them on the boat over.  They arrived hungry and sick after a journey that lasted four weeks. They were seen as lazy and shiftless. In the 1850s, 70 percent of charity recipients in New York City were Irish.

They were hated for their religion as well. In Boston, posters proclaimed: “All Catholics and all persons who favor the Catholic Church are … vile imposters, liars, villains, and cowardly cutthroats.” Some back then might have said that when Ireland sent its people, they were not sending their best.

That wave of Irish immigration arrival sparked a nativist backlash, and even a new political party, The Know-Nothings. This was no mere fringe movement, as Smithsonian Magazine has noted:

At its height in the 1850s, the Know Nothing party, originally called the American Party, included more than 100 elected congressmen, eight governors, a controlling share of half-a-dozen state legislatures from Massachusetts to California, and thousands of local politicians. Party members supported deportation of foreign beggars and criminals; a 21-year naturalization period for immigrants; mandatory Bible reading in schools; and the elimination of all Catholics from public office. They wanted to restore their vision of what America should look like with temperance, Protestantism, self-reliance, with American nationality and work ethic enshrined as the nation’s highest values.

Does all that sound familiar? There are still Know-Nothings among us. They are the people who forget their own history.

https://www.washingtonpost.com/blogs/post-partisan/wp/2018/05/11/john-kellys-know-nothingism/?noredirect=on&utm_term=.3f18462ae01f

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

Yeah, but Kelly’s ancestors were (presumably) White. So, in the long run that outweighed their (presumed) Catholicism and made them OK (but only in retrospect).

I met migrants, legal, undocumented, first generation, second generation in my courtroom every working day for more than a decade. The vast majority have skills, lots of them, along with courage, resourcefulness, a work ethic, determination, and persistence that would put most “native-born Americans” to shame, particularly Trump, his family, and his boorish, overprivileged, under-humanized cronies.

The skills migrants often bring — working with crops, construction, child care, elder care, cleaning, repairing, building, cooking, teaching, coaching, running small businesses are absolutely essential to our economic survival. They just aren’t the skills that are recognized and respected by arrogant, bigoted, members of the privileged classes like Trump, Kelly, Sessions, Cotton, Pence, etc. But, as I’ve pointed out before, none those restrictionists would last very long or be very valuable picking lettuce or laying shingles in the hot sun.

And, many migrants don’t “choose” to come here outside the legal system. Conditions in their home countries, along with the US’s stubborn refusal (magnified by this Administration) to set up viable overseas refugee processing in Central America leaves many no realistic choice but to come here to seek refuge through our asylum system.

Under both U.S. and international law they have every right to seek refuge in the U.S. and to receive humane treatment and a fair and unbiased determination of their claims for protection — something that is not happening under the current system as administered under the toxic, biased, and often lawless leadership of Trump & Sessions. Such refugee migrations have been taking place for decades and will continue, in some form or another, until the problems causing individuals to flee their home countries are addressed by leaders much wiser, more talented, and less bigoted than Trump, Sessions, Pence, and Kelly.

Also, just how are folks being encouraged to “assimilate” by an Administration that spreads racial slurs, bias, and false narratives, encourages racists within its own “base,” advances bogus rationales to terminate the legal status of many long-time residents, rails mindlessly against legal immigration, and actually prides itself on destroying migrant families and spreading terror and fear among ethnic communities?

Another of my predictions coming true: Kelly’s reputation and integrity will fit in a thimble with plenty of space left over by the time he finally parts ways with “Don the Con” and his ugly, dysfunctional White House Circus.

PWS

05-14-18

GONZO’S WORLD: WASTE, FRAUD, & ABUSE CONTINUES AT USDOJ: Sessions Effectively Overwhelming U.S. District Court Dockets With “Parking Ticket Citations,” Giving An “Amnesty” To Real Criminals – How Long Will The Article III’s “Go Along To Get Along?”

http://www.latimes.com/local/california/la-me-ln-immigrant-prosecutions-20180511-story.html

Richard Marosi reports for the LA Times:

The Mexican migrant, slouching in his baggy jail garb, was caught crossing the border and the federal judge in San Diego wanted an explanation.

“I’ll stay in Mexico and won’t come back again,” said Carlos Arizmendi-Dominguez, 34, a former dairy farmer who was trying to return to his family in Idaho.”I ask forgiveness.”

“I’m not here to forgive,” Magistrate Judge William V. Gallo replied.

Across the Southwest border, the crackdown on illegal crossings announced in April 2017 by U.S. Atty. Gen. Jeff Sessions is gaining traction, as immigration caseloads soar and overburdened judicial districts struggle to keep up. Detention space is reaching capacity, courthouses are scrambling to maintain security, and some judges say they have reached their limit.

On Monday, Sessions expanded the crackdown to include more first-time crossers, asylum seekers and parents who will be separated from the children to face prosecution — a move toward “zero tolerance” that will likely further overload the system.

Nowhere are the changes more noticeable than in California. In the southern federal district in San Diego, 1,275 cases were filed in the first three months of this year. Prosecutors now plan to boost criminal immigration filings to about 1,000 per month, according to district data and attorneys at the Federal Defenders of San Diego, who have been notified of increasing prosecution levels by the U.S. attorney’s office.

At that pace, prosecutions could top 9,000 for the year, triple last year’s total and the most since at least since 2000, according to district data.

Prosecutions have gone up about 70% this fiscal year in Arizona, where the chief U.S. District Court judge said this week that the courts can’t take any more cases without additional judges, attorneys, interpreters, deputy marshals and courtroom space.

“If they want to increase prosecutions to a level more than [the] 75 per day that we’re doing, we need pretty much everything,” Judge Raner Collins said.

Most migrants caught at the border are still sent back to Mexico without being prosecuted. By boosting criminal filings, the Trump administration hopes to deter illegal crossings, even as border arrests remain near historic lows.

Migrants prosecuted in California typically have criminal records or, like Arizmendi-Dominguez, have been previously deported, but more first-time crossers are also being charged. Most recently, prosecutors filed criminal charges against 11 members of the caravan of migrants seeking asylum in the U.S.

Sentences for the misdemeanor violations range from 30 to 180 days, depending on the circumstances.

The surge provides fresh evidence for the Trump administration to claim it is following through on its hard-line anti-illegal immigration rhetoric. But the rapid expansion has shown that the judicial system’s shortcomings could also make it harder for the administration to achieve its “zero tolerance” goals, outlined last month by Sessions in response to what he called a border “crisis.”

The U.S. Border Patrol in San Diego still turns over only a fraction of the 120 migrants, on average, it catches daily along the 60-mile stretch it patrols.

The bottlenecks are many: Bed space is in such short supply that migrants are held in jails as far away as Santa Barbara and Arizona, defense attorneys say. There aren’t enough U.S. deputy marshals to transport defendants and provide sufficient security in courtrooms.

Agents from other federal agencies, including Immigration and Customs Enforcement and the Border Patrol, have to provide assistance. And recent court rulings have restricted courts from carrying out fast-track, mass prosecutions like one in Arizona a few years ago known as Operation Streamline, which generated protests.

Attorneys in San Diego say more of their clients are being detained outside the county, making it harder for them to provide an effective defense.

“I would guess that a great deal of those cases will be people with no prior criminal record or prior convictions, which is a sad way to spend our resources,” said Kasha Castillo, a supervisory attorney at the Federal Defenders of San Diego.

Some agencies are receiving more resources; Sessions announced this month that border districts will get 18 new immigration judges and 35 new prosecutors, including eight in California.

“The American people made very clear their desire to secure our border and prioritize the public safety and national security of our homeland,” Sessions said in a statement.

The prospect of facing criminal charges causes some migrants think twice about crossing the border, studies have found. In border areas like Yuma, Ariz., where zero tolerance has been the policy for years, the approach has contributed to record decreases in border arrests.

Across the country, migrants who have been prosecuted for illegal crossing are less likely to attempt to cross again than those who were simply sent back, according to a study by the Migration Policy Institute.

But the deterrent effect varies depending on migrants’ motivations. Mexicans coming to the U.S. for economic reasons are more likely to be deterred by prosecution than Central Americans who are fleeing crime and political instability.

“People from Central America aren’t so easily deterred because conditions are worse there than in Mexico,” said Randy Capps, director of research for U.S. programs at the Migration Policy Institute, who co-wrote the 2017 study.

In the past two weeks the Justice Department has moved swiftly to stiffen penalties against Central Americans — by filing charges against the 11 asylum seekers from the caravan, and by threatening parents with arrest if caught crossing with their children.

“If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law,” Sessions said at a San Diego news conference Monday.

Sen. Dianne Feinstein (D-Calif.) called the crackdown on families a “cruel” tactic that betrays the country’s values on basic human rights.

“The goal of this policy is to inflict pain and suffering on people who have already put their lives at risk. We’re better than this,” Feinstein said in a statement.

For now, the majority of migrants being prosecuted in San Diego’s downtown federal courthouse are repeat offenders from Mexico. The cases generally result in plea bargains. Migrants are charged with illegally reentering the country — a felony — and plead guilty to the misdemeanor charge of improper entry.

Defendants file into court several times a week, the sketchy details of their cross-border lives elicited in brief exchanges with magistrate judges.

“I’m guilty only because I wanted to see my daughter,” said Jose Espinoza-Rivera, who said he was going to New York City.

“My only intention was to return to my children,” said Hilario Castaneda Avalos, who lived 17 years in Arizona, caring for his three grandchildren, all U.S. citizens.

When a 56-year-old man with eight previous deportations showed up in court one morning in March, Magistrate Judge Mitchell D. Dembin greeted him warmly; he had seen him before in his courtroom.

“Your persistence in coming back is commendable in one respect, but it shows a lack of respect of U.S. laws,” Dembin said.

Defendants wear jail-issued grays but are not shackled. A ruling last year by the 9th Circuit Court of Appeals barred the practice, saying defendants shouldn’t be required to “stand before a court in chains without having been convicted.”

The ruling has constrained caseloads because security guidelines require at least one U.S. deputy marshal to guard each unshackled defendant in the courtroom. When defendants were shackled, groups of up to 12 could be processed at a time in each courtroom.

The hearings move quickly, with the key decision-making centered on how long the sentence will be. Judges usually follow prosecutors’ recommendations, but not always.

Arizmendi-Dominguez, the former dairy farmer from Idaho, said through his attorney that since his last deportation he had spent six years working as a farm laborer in corn and bean fields in Mexico, and that he attempted to return because he longed to see his family, including his father, a U.S. citizen.

Prosecutors recommended a 60-day sentence. Gallo, the judge, sentenced him to 75 days, saying a tougher sentence might “get his attention.”

“I hope you can make a life for yourself in Mexico and I hope its a prosperous life, but you can’t keep coming back to the U.S.,” Gallo said. “The penalties are only going to get worse.”

 

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

This is what the “Aimless Docket Reshuffling” that has crippled the U.S. Immigraton Courts since at least 2001 looks like. Now, it’s coming to the U.S. District Courts. The difference: The Article III Courts don’t work for Sessions, aren’t evaluated by him and his subordinates, can’t be fired or transferred by him, and aren’t subject to bogus “quotas.” They are actually independent judges.

PWS

05-13-18

GONZO’S WORLD: GONZO DISSES FIRST LADY’S KINDNESS TO KIDS PROGRAM AT ROLLOUT! — His Official Policy Of Child Abuse Will Have Long Term Adverse Effects – US Will Go Down In Infamy As Nation That Enabled Traumatization Of Vulnerable Children!

https://www.washingtonpost.com/opinions/melania-trump-and-jeff-sessions-need-a-heart-to-heart/2018/05/09/3b6547b2-53be-11e8-abd8-265bd07a9859_story.html?noredirect=on&utm_term=.cd4e5d47d2ee

Irwin Redlener writes in the Washington Post:

. . . .

It is hard to imagine a more stressful situation for a young child than to be forcibly taken from his or her parents and detained with strangers. Sometimes this unfortunate outcome is necessary when children are the victims of parental violence or severe neglect. But in the case of current U.S. policy as articulated by the attorney general, the “abuser” is the federal government.

Forced separation of children and their parents is “child abuse by government.” And in this case, knowing what we now know about the consequences of severe stress in children, it is no stretch to assert that these new federal policies are not just cruel but also can have lifelong consequences for their child victims.

If Melania Trump meant what she said about children, she might want to organize a heart-to-heart meeting with the attorney general — and with her husband. Maybe the first lady could advocate for policies that reflect the spirit of her new agenda and a commitment to protect vulnerable families seeking safety and opportunity in the United States.

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

Read the complete, very disturbing, article at the link. What kind of country with what kind of values puts a child abuser in charge of its legal system? Under Trump & Sessions, America has gone from a defender to an abuser of human rights. Sessions is a refutation of human decency every day that he is allowed to remain in the office for which he was so spectacularly unqualified in the first place.

Senator Liz Warren was right. Remember McConnell and the other smug Republicans who put this horrible individual in place to damage our youth and our reputation as a nation of laws, decency,  and human compassion.

PWS

05-12-18

SOPHIA GENOVESE: “INJUSTICE AT JUSTICE” – The Immigration Court system should not be used as a political tool of the executive branch to effectuate anti-immigrant policies. Rather, it should be an independent system that is committed to the fair adjudication and implementation of our immigration laws.”

http://blog.cyrusmehta.com/2018/05/assembly-line-injustice-how-the-implementation-of-immigration-case-completion-quotas-will-eviscerate-due-process.html

Assembly Line Injustice: How the Implementation of Immigration Case Completion Quotas will Eviscerate Due Process

The Executive Office for Immigration Review, under the direction of the Department of Justice, announced last year that it had reopened the Collective Bargaining Agreement with the National Association of Immigration Judges (NAIJ) to include case completion quotas in the performance evaluations of Immigration Judges. On March 30, 2018, James McHenry, the Director of the EOIR, formally announced these metrics, which require IJs to complete at least 700 cases per year, have a remand rate of less than fifteen percent, and meet half of the additional benchmarks listed in the evaluation plan, which can be found here. As pointed out by the Association of the Bar of the City of New York, “this quota translates into each judge hearing testimony and rendering decisions almost three cases per day, five days per week, 52 weeks per year.” According to several retired IJs and Former Board of Immigration Appeals (BIA) Members, such quotas raise serious due process concerns and will result in a system that is less focused on justice and appearing “more like an assembly line.”

There are a number of issues with the EOIR case completion quotas. First, these quotas may force IJs to breach their ethical obligations. Specifically, the new completion quotas are tied to the financial incentives of IJs, where the performance evaluations affect IJs’ job security and eligibility for raises. IJs are not given life appointments and can be easily removed from the bench by the Attorney General if he finds them to not be meeting these performance thresholds. Thus, IJs may be encouraged to render hasty decisions in order to satisfy these case completion quotas and receive a good review (and thus a raise) instead of making decisions based on what is proper for the cases in front of them. Having such a financial incentive in the completion of a case arguably forces an IJ to violate 5 C.F.R. §§ 2635.401 to 2635.403,[i] which prohibits IJs from participating in proceedings where he or she has a financial interest. Additionally, IJs must be impartial in their decision-making under 5 C.F.R. § 2635.101(b)(8). It is hard for an IJ to remain impartial when pressured with impossible case completion standards especially when a case is meritorious but an IJ may not grant a continuance for legitimate reasons.

The case completion quotas also violate 8 C.F.R. § 1003.10(b), which provides: “In deciding the individual cases before them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgement and discretion and may take any action consistent with their authorities under the Act and regulations that is appropriate and necessary for the disposition of such cases.” For example, an attorney may have been only recently retained by an asylum-seeker, and may request a continuance in order to gather and assemble evidence that is vital for the asylum-seeker’s claim. Under ordinary circumstances, an IJ would likely grant such a continuance as it would be considered proper under INA § 240(b)(4)(B) which affords a “reasonable opportunity…to present evidence” on one’s behalf. However, under the quota system, an IJ may feel pressure to deny the motion for continuance and may ultimately deny the asylum claim because the asylum-seeker was not afforded sufficient time to present their case. Such an outcome clearly violates 8 C.F.R. § 1003.10(b) and INA § 240(b)(4)(B) where the IJ is stripped of their independent decision-making authority where they feel pressured to quickly close out a case despite compelling reasons to grant a continuance, and where the asylum-seeker is not afforded a reasonable opportunity to be heard.

Another example is an individual placed in removal proceedings who is the intending beneficiary of a pending I-130 with USCIS. Typically, USCIS takes several months to adjudicate an I-130, and thus, attorneys for respondents file motions for continuance with the IJ until the USCIS has rendered a decision which will determine the respondent’s eligibility for relief from removal. Under the new case quota system, IJs will be less inclined to grant such continuances. This hypothetical similarly implicates 8 C.F.R. § 1003.10(b) and INA § 240(b)(4)(B), as described above. Moreover, the IJ’s denial of the continuance here would violate Matter of Hashmi, 24 I&N Dec. 785, 793-94 (BIA 2009) where the Board held that compliance with a IJ’s case completion goals “is not a proper factor in deciding a continuance request” where there is an meritorious pending I-130. We’ve previously blogged about AG Sessions’ stripping of judicial independence through his self-referral of  Matter of L-A-B-R- et al, 27 I&N Dec. 245 (AG 2018), which can be found here.

The case completion quotas will also lead to an unprecedented number of BIA and federal court appeals. This would needlessly increase the BIA’s backlog and indeed affect the dockets of the federal court systems, resulting in the tremendous waste of taxpayer’s dollars where a proper decision could have been rendered at the IJ level. In addition, the number of remanded cases may exceed fifteen percent, and thus, the IJ would again fail to meet the performance metrics in their performance evaluation.

There is no denying that the Immigration Courts face tremendous pressure to address the ballooning backlog of cases. As of this writing, there are 692,298 pending cases in Immigration Courts across the country, with only approximately 330 judges to hear them. Advocates during the Obama-era consistently advocated for the appointment of more IJs to address the backlog. However, in the Trump-era, advocate are now skeptical of such a move where it is clear that this Administration seeks to deport as many people as possible. Indeed, the Department of Justice, headed by Jeff Sessions, has celebrated deportations under the Trump Administration. Such an emphasis on deportation, as opposed to fair adjudication of claims, undermines the independence and impartiality of IJs. The implementation of the DOJ/EOIR case completion quotas will undoubtedly lead to a rise in unfair hearings and erroneous deportations, which is exactly what this Administration wants. The appointment of Trump-supporting IJs will only exacerbate the problem.

For many years, the NAIJ has advocated for the creation of an Article I Immigration Court that is independent of the political whims of the Department of Justice. Under the current Administration, and in light of the newly imposed DOJ/EOIR performance quota metrics, these calls have never been more relevant. The Immigration Court system should not be used as a political tool of the executive branch to effectuate anti-immigrant policies. Rather, it should be an independent system that is committed to the fair adjudication and implementation of our immigration laws. The case completion quotas will undoubtedly undermine the integrity of our immigration system and should be vigorously challenged by IJs and practitioners.

[i] The author acknowledges that 5 CFR § 2635.402 directly implicates 18 U.S.C. 208(a), a criminal statute. This author suggests that the EOIR case completion quotas may jeopardize an IJ’s ethical obligations where their financial interests are directly and predictably impacted by blind adherence to such arbitrary quotas. Criminal liability for these actions, however, goes beyond the scope of this article.

Download PDF
************************************
WOW! What a clear statement of the illegal and unconstitutional actions going on at the U.S. Department of Justice under Jeff Sessions! So, why are Congress and the Article III courts going along with this obvious perversion of our legal system? As with the Civil War and the Jim Crow era, the names of those who “went along to get along” eventually will be tarnished forever in posterity.
PWS
05-11-18