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immigrationcourtside.com

"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.

  • About Your Co-Editors . . . Here Are Our Professional Bios
  • Diane Harrison, Contributing Editor
  • Contact Us
  • Catalyze Change Through These Meaningful Actions for Community Impact!
  • Remembering The Carter Years
  • Dr. Triche Blog #2: Stare Decisis, the Board of Immigration Appeals, and the Attorney’s General’s “Certification” Power: Strategies for Preservation of the Rule of Law (When and if the Deluge Ensues)
  • “REVISITED: U.S. Immigration & Asylum Policies In The Twilight Of The Biden Administration”
  • Dr. Triche Blog #1: Refugee Protection Resists Becoming the Weakest Link in Our Continuously Embattled “Rule of Law.”
  • COMPREHENSIVE YET SUPERFICIAL: NYTimes History Misses The Point Of Why The Border Continues To Vex U.S. & Kill The Most Vulnerable!
  • A MESSAGE TO THE BIDEN-HARRIS ADMINISTRATION: THE EOIR CLOWN SHOW HAS GOT TO GO!
  • TIME FOR COURAGEOUS NEW IMMIGRATION LEADERSHIP!
  • FROM THE HEIGHTS OF KASINGA TO THE DEPTHS OF AMERICA’S DEADLY STAR CHAMBERS: Will The Biden Administration Tap The New Due Process Army To Fix EOIR & Save Our Nation?
  • IT’S HERE! — IMMIGRATION HISTORY AT ITS BEST! — Months In The Making, The “Schmidtcast,” A 7-Part Series Featuring Podcaster Marica Sharashenidze Interviewing Me About My Legal Career “American Immigration From Mariel to Miller” — Tune In Now!
  • Why Legal Representation Is Essential To Due Process For Asylum Seekers (In Fewer Than 200 Words)
  • HOW A FAILING ARTICLE III JUDICIARY PROMOTES THE TRUMP REGIME’S RACISM & UNDERMINES THE RULE OF LAW IN AMERICA
  • HERE’S MY ARTICLE FROM LAW360: “Justices’ Fleeting Unanimity In Free Speech Immigration Case”
  • An Overview and Critique of US Immigration and Asylum Policies in the Trump Era, By Paul Wickham Schmidt Georgetown Law
  • WISHIN’ & HOPIN’ WON’T MAKE IT SO: THE LAW IS NO LONGER SUPREME IN AMERICA — Obviously, Trump Has Placed Himself Above It, With Little Pushback From Congress Or A Compromised Supremes
  • WHY “NIBBLING AROUND THE EDGES” BY ARTICLE IIIs WON’T SOLVE THE CONSTITUTIONAL & HUMAN RIGHTS DISASTERS IN OUR IMMIGRATION COURTS NOR WILL IT RELIEVE THE ARTICLE IIIs FROM RESPONSIBILITY
  • Profiles in Fecklessness
  • REPORT FROM FBA DETROIT: Read My Speech: “THE 5-4-1 PLAN FOR RESTORING DUE PROCESS TO A BIASED & DYSFUNCTIONAL U.S. IMMIGRATION COURT“
  • APPELLATE LITIGATION IN TODAY’S BROKEN AND BIASED IMMIGRATION COURT SYSTEM: FOUR STEPS TO A WINNING COUNTERATTACK BY THE RELENTLESS “NEW DUE PROCESS ARMY”
  • “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW“
  • EXISTENTIALISM AND THE MEANING OF LIFE IN THE U.S. IMMIGRATION COURT: FROM LAWRENCE TO THE WORLD BEYOND
  • ASSOCIATION OF DEPORTATION DEFENSE ATTORNEYS (“ADDA”) NEW YORK CITY MARCH 21, 2019 “THE 5-4-1 PLAN FOR DUE PROCESS IN IMMIGRATION COURT”
  • SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019
  • LET’S GOVERN
  • WINNING ASYLUM & SAVING LIVES IN THE “ERA OF A-B-“ – Seven Steps To Success
  • A Brief Audio Tour of the Arlington Immigration Court — 2018 Edition
  • JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS
  • SOLVING THE SOUTHERN BORDER: It’s Not Our Asylum Laws That Need Changing — It’s The Actions Of Our Leaders Who Administer Them That Must  Change!
  • RECLAIMING THE VISION — A PLAN FOR ACTION
  • BASIC ASYLUM LAW FOR LITIGATORS
  • JOIN THE “NEW DUE PROCESS ARMY” — FIGHT FOR DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS
  • MY LIFE & TIMES
  • AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS
  • WELCOME TO THE BREAKFAST CLUB: INTRODUCTION TO IMMIGRATION LAW & POLICY, GEORGETOWN LAW, SUMMER 2017 EDITION
  • HARD TIMES IN THE IVORY TOWER
  • EXISTENTIALISM AND THE MEANING OF LIFE AT THE U.S. IMMIGRATION COURT – CORNELL LAW VERSION
  • SAVING CHILD MIGRANTS WHILE SAVING OURSELVES
  • Refugees And Due Process Make America REALLY GREAT
  • AYUDA — MAKING AMERICA REALLY GREAT, EVERY DAY
  • We Need An Article I United States Immigration Court — NOW
  • Why We Need An Independent Article I Immigration Court — Now!
  • Practical Tips For Presenting An Asylum Case In Immigration Court (Rev. Feb. 2017)
  • DREAMER DEBACLE: MY THREE “TAKEAWAYS”
  • What Are The Odds Of The U.S. Immigration Courts’ Survival?
  • Lecture: “Practical Tips For Presenting An Asylum Case In Immigration Court” (UDC Version, 02/17)
  • “GANG OF 14” FORMER IMMIGRATION JUDGES AND BIA APPELLATE IMMIGRATION JUDGES (INCLUDING ME) FILE AMICUS BRIEF IN SUPPORT OF ADMINISTRATIVE CLOSING! – Matter of Castro-Tum
  • FORMER GOVERNMENT IMMIGRATION EXECUTIVES (INCLUDING ME) FILE AMICUS BRIEF IN HAMAMA V. HOMAN IN 6TH CIRCUIT (“The Iraqi Christian Case”)
  • FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS
  • Why The Private Sector Immigration Bar Holds The Key To A Better Article III Judiciary For America
  • TIME FOR COURAGEOUS NEW IMMIGRATION LEADERSHIP!
  • A MESSAGE TO THE BIDEN-HARRIS ADMINISTRATION: THE EOIR CLOWN SHOW HAS GOT TO GO!
  • DUE PROCESS DOESN’T LIVE HERE ANY MORE: WEAPONIZED IMMIGRATION COURTS ARE AMERICA’S STAR CHAMBERS
  • Ayuda’s Film Screening of The Courtroom – Opening Remarks by Paul Wickham Schmidt 
  • ASYLUM AT THE END OF THE BIDEN ADMINISTRATION: A Disturbing, Dangerous, Dehumanizing Legacy of Betrayal, Missed Opportunities, and Abandonment of Humane Values!

Categories

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  • Trump Administration (4,461)
  • U.S. Constitution (4,423)
  • Politics (4,382)
  • Migration (4,364)

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  • Due Process (4,429)
  • Trump Administration (4,381)
  • politics (4,359)
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Recent Posts

  • Dr. Triche Blog #4: Disappeared: Pursuing Legal Return of the Wrongfully Deported Against the Political Backdrop of Securitization May 8, 2025
  • ⚖️🗽✒️🗡️💪🏼🧠❤️ PEN & SWORD TRAINS THE NEW GENERATION OF IMMIGRATION DUE PROCESS LITIGATORS — STRONG, SMART, FEARLESS! — SCENES FROM KANSAS CITY! April 30, 2025
  • 🏈GREEN BAY FEELS THE LOVE ❤️ — & THE ECONOMIC BOOST 💵 — OF HOSTING THE NFL DRAFT! April 24, 2025
  • ⚖️🗽🛡️⚔️ANOTHER PROUD ACHIEVEMENT FOR OUR ROUND TABLE: SPEAKING UP FOR DUE PROCESS IN MONSALVO-VELAZQUEZ V. BONDI (SCT) April 23, 2025
  • ⚖️🐟😷 BIA’S IMPROPER FACT-FINDING FAILS THE “DEAD FISH TEST” SAYS ROUND TABLE ⚔️🛡️ IN LATEST AMICUS BRIEF (CA 11)! April 17, 2025
  • 🎭🗽THE ARTS: AS THE TRUMP KAKISTOCRACY MOVES TO DUMB DOWN THE ARTS & SHAMELESSLY WHITEWASH AMERICAN HISTORY, COMPELLING STORIES ABOUT AMERICA’S IMMIGRANTS TAKE CENTER STAGE BEYOND THE KENCEN! April 12, 2025
  • 🏆🏒CONGRATS TO ALEX OVECHKIN & THE CAPS ON # 895! — Many thought that Wayne Gretzky’s three-decade-old record could never be broken! April 6, 2025
  • 🇺🇸⚖️🗽⚔️🛡️ THE THINGS WE DO, BIG & LITTLE, IN ADVOCATING FOR DUE PROCESS, FUNDAMENTAL FAIRNESS, COMMON SENSE & HUMAN DIGNITY MATTER! — Federal Judge cites Round Table’s Amicus Brief in support of key finding in halting Administration’s abuse of children facing Immigration Court!💪🏼👍🏼😎 April 2, 2025
  • ⚖️🗽👦🏽👶🏼🛡️⚔️ SAVING THE CHILDREN:  ROUND TABLE AMICUS BRIEF SUPPORTS PRO BONO SERVICES FOR UNACCOMPANIED CHILDREN IN IMMIGRATION COURT! March 31, 2025
  • ⚖️🛡️⚔️ ROUND TABLE’S RETIRED JUDGE JENNIE GIAMBASTIANI SPEAKS OUT ON INSANITY OF TRUMP’S SLASHING OF LEGAL REPRESENTATION PROGRAM, FORCING KIDS TO FACE IMMIGRATION COURT ALONE!🤬🤮 March 26, 2025
  • ⚖️‼️NDPA VOLUNTEER CALL-OUT: BE A “WITNESS FOR JUSTICE” IN KANSAS CITY ON APRIL 25, 26! — Sponsored by The Pen & Sword! 🖋️🗡️ March 26, 2025
  • 🏴‍☠️RIDING ROUGHSHOD OVER REQUIREMENTS OF WILBERFORCE ACT, MUMP KAKISTOCRACY CANCELS LEGAL AID CONTRACTS, TARGETS KIDS FOR DEPORTATION WITHOUT DUE PROCESS! ☠️🤬🤮 March 22, 2025
  • 🇺🇸⚖️🗽⚔️🛡️ OUR (EVER EXPANDING) ROUND TABLE’S AMICUS BRIEF SUPPORTS THE LEGAL ORIENTATION PROGRAM (“LOP”) AT EOIR! March 11, 2025
  • ⚖️🤯🤬 DEPARTMENT OF GROSS INJUSTICE🤮🏴‍☠️: Kakistocracy’s Outrageous Attack On Due Process, Fundamental Fairness, & Expertise in Backlogged Immigration Courts is a Destructive Political Stunt, Firing Some of the Best-Qualified Judges Who Were Serving American Justice!  — Report from Isabela Dias at Mother Jones, quoting me among others!  March 8, 2025
  • ⚖️🛡️⚔️ ROUND TABLE’S JUDGE (RET.) JAMES FUJIMOTO AMONG THOSE FEATURED ON NBC-4 (DC) I-TEAM REPORT ON MASSIVE IMMIGRATION COURT BACKLOGS! March 5, 2025
  • ⚖️👨🏻‍⚖️🧑‍⚖️☠️❤️‍🩹🤬  TRUMP’S WAR ON AMERICAN JUSTICE! — DISTINGUISHED IMMIGRATION JURISTS TARGETED BY ADMINISTRATION IN “ST. VALENTINE’S DAY MASSACRE” 💀 SPEAK OUT! March 4, 2025
  • ⚖️🗽🦸‍♀️ NDPA SUPERHERO DREE COLLOPY MOVES TO A NEW PHASE OF HER DISTINGUISHED CAREER! February 27, 2025

Recent Comments

  • Jennings12@aol.com on 🏴‍☠️RIDING ROUGHSHOD OVER REQUIREMENTS OF WILBERFORCE ACT, MUMP KAKISTOCRACY CANCELS LEGAL AID CONTRACTS, TARGETS KIDS FOR DEPORTATION WITHOUT DUE PROCESS! ☠️🤬🤮
  • ssantolaw on 🏴‍☠️RIDING ROUGHSHOD OVER REQUIREMENTS OF WILBERFORCE ACT, MUMP KAKISTOCRACY CANCELS LEGAL AID CONTRACTS, TARGETS KIDS FOR DEPORTATION WITHOUT DUE PROCESS! ☠️🤬🤮
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – FactsDotVote on ⚖️🗽👨🏻‍⚖️🧑🏼‍⚖️BREAKING: NAIJ LEADERS JUDGE MIMI TSANKOV & JUDGE SAM COLE LEAVING THE BENCH! — Thanking them for their courageous service to American Justice in difficult times! 🙏
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – FactsDotVote on ⚖️👨🏻‍⚖️🧑‍⚖️☠️❤️‍🩹🤬  TRUMP’S WAR ON AMERICAN JUSTICE! — DISTINGUISHED IMMIGRATION JURISTS TARGETED BY ADMINISTRATION IN “ST. VALENTINE’S DAY MASSACRE” 💀 SPEAK OUT!
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – Politixia on ⚖️🗽👨🏻‍⚖️🧑🏼‍⚖️BREAKING: NAIJ LEADERS JUDGE MIMI TSANKOV & JUDGE SAM COLE LEAVING THE BENCH! — Thanking them for their courageous service to American Justice in difficult times! 🙏
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – Politixia on ⚖️👨🏻‍⚖️🧑‍⚖️☠️❤️‍🩹🤬  TRUMP’S WAR ON AMERICAN JUSTICE! — DISTINGUISHED IMMIGRATION JURISTS TARGETED BY ADMINISTRATION IN “ST. VALENTINE’S DAY MASSACRE” 💀 SPEAK OUT!
  • Inside the Purge of US Immigration Courts – Mother Jones – MAGA BRIEFS on ⚖️🗽👨🏻‍⚖️🧑🏼‍⚖️BREAKING: NAIJ LEADERS JUDGE MIMI TSANKOV & JUDGE SAM COLE LEAVING THE BENCH! — Thanking them for their courageous service to American Justice in difficult times! 🙏
  • Inside the Purge of US Immigration Courts – Mother Jones – MAGA BRIEFS on ⚖️👨🏻‍⚖️🧑‍⚖️☠️❤️‍🩹🤬  TRUMP’S WAR ON AMERICAN JUSTICE! — DISTINGUISHED IMMIGRATION JURISTS TARGETED BY ADMINISTRATION IN “ST. VALENTINE’S DAY MASSACRE” 💀 SPEAK OUT!
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – Mother Jones on ⚖️🗽👨🏻‍⚖️🧑🏼‍⚖️BREAKING: NAIJ LEADERS JUDGE MIMI TSANKOV & JUDGE SAM COLE LEAVING THE BENCH! — Thanking them for their courageous service to American Justice in difficult times! 🙏
  • “The Entire System Will Collapse”: Inside the Purge of US Immigration Courts – Mother Jones on ⚖️👨🏻‍⚖️🧑‍⚖️☠️❤️‍🩹🤬  TRUMP’S WAR ON AMERICAN JUSTICE! — DISTINGUISHED IMMIGRATION JURISTS TARGETED BY ADMINISTRATION IN “ST. VALENTINE’S DAY MASSACRE” 💀 SPEAK OUT!

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Tag: Immigration Detention

MIMI SWARTZ IN THE NY TIMES: Anti-Latino Racism Drives Texas To Pull Up The Welcome Mat For Some Of Its Most Productive Residents!

https://www.nytimes.com/2017/10/20/opinion/texas-immigration-policy.html

Swartz writes:

“A decline in emergency room visits and calls to the police isn’t good news; people are just afraid to ask for help. A domestic abuser will threaten to call Immigration and Customs Enforcement if his spouse threatens to call the cops. A social worker at Las Americas, a public high school for immigrants in Houston, told me despair has set in. Instead of helping families cope with living in the nation’s fourth-largest city, she helps them plan for “when you are deported how can you stay alive the longest.” The students tell her: “Nobody wants me. I have no home.”

They are not wrong; the point of the federal and state legislation is to make Texas so uncomfortable for the undocumented that they move on. I suppose this makes sense if, say, you are constantly faced with competition from the far right, which every Republican, including Gov. Greg Abbott, is. Or if you have seen the growing Latino majority in Texas and know that it isn’t securely nestled in the Republican fold.

But it doesn’t make sense if you are looking at a state whose work force was shrinking even before the devastation of Hurricane Harvey. The people who came to rebuild New Orleans after Hurricane Katrina aren’t feeling the love here. Why should they?

“There are 47 other states that would love to see Texans fall on their butts,” Stan Marek, who has been in construction for years here, told me. Unless we have fair and sane immigration reform, like the “ID and Tax” plan many business leaders here support because it offers fair wages and work-visa status, our immigrants will vote with their feet, and businesses will follow.

That’s the price for trading a welcome mat for an ankle bracelet.

Mimi Swartz, an executive editor at Texas Monthly, is a contributing opinion writer.”

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Get the full story at the link.

A microcosm of the bias-driven stupidity of the whole Trump-GOP Restrictionist “gonzo” immigration enforcement program. What would really be fitting is if the loss of immigrant population and the businesses that depend on them eventually cost Texas some of those extra Congressional seats that they swiped from the Northeast as a result of undocumented residents and then proceeded to gerrymander to “lock out” Latinos from getting their “fair share of the pie.” Not to mention that the anti-Latino bias in the Texas GOP is in derogation of Supreme Court precedent, which holds that even those state residents without legal status or otherwise ineligible to vote, are entitled to have their interests represented by their legislators (hence the rationale for allowing extra representatives for undocumented population). “Fat chance” in Texas!  The Texas GOP routinely ignores the interests its Latino U.S. citizens as well as its Latino non-citizen residents.

PWS

10-22-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. WALL? WHAT WALL? – BUREAUCRATIC BARRIERS BEST BAR TO (NEEDED) IMMIGRATION (Hey, I Could’ve Told ‘Em That!) – But, White Nationalist Goal Of Returning To A “White America” Ultimately Doomed — “You can slow the rate of Latino and Asian immigration, but it won’t make the population whiter,”. . . “It will just become less white at a slower pace.”
  3. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
Posted on October 22, 2017October 22, 2017Author Jennings12@aol.comCategories "Send In The Clowns"🤡, "Sheriff Joe" Arpaio, Asylum, Bigotry, Bogus Claims Of Voter Fraud, Border Enforcement, Bush II Administration, Cities, Civil Rights, Civil Rights Division, Clowns, Congress, Construction Industry, Crime Reporting, DACA, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Domestic Violence, Dreamers, Due Process, Economics, Enforcement, Ethics, Executive Orders, Fifth Amendment, GOP, Gov. Greg Abbott, Health, Health Care, Hispanics, History, Houston, Human Rights, Hurricane Harvey, Immigration & Customs Enforcement ("ICE"), Interior Enforcement, Jeff Sessions, Jim Crow Laws, Jobs, Ken Paxton, Kris Kobach, Latinos, Lawful Permanent Resident ("Green Card Holder"), League of United Latin American Citizens ("LULAC"), Legal Immigration, Litigation, Migration, Mimi Swartz, National Security, Nationalism, NY Times, Paul Wickham Schmidt, Politics, Populism, President Donald Trump, Public Safety, Racism, Removals, Restaurant Industry, Safety Net, SB 4, Stephen Miller, Steve Bannon, Texas, The Economy, The Swamp, The Wall, Tourism, Trump Administration, Trump Cabinet🤡, U.S. Constitution, Undocumented Individuals, Voter Suppression, Voting Rights, Women's RightsTags Congress, DHS, Donald Trump, Due Process, Executive Order, GOP, Gov. Greg Abbott, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Ken Paxton, Mimi Swartz, National Security, Nationalism, NY Times, NYT, Paul Wickham Schmidt, politics, President Trump, Racial Gerrymandering, Racism, SB 4, Stephen Miller, Steve Bannon, Texas, Trump Administration, U.S. Department of Justice, White Nationalism

THE TRUMP ADMINISTRATION HAS LOTS OF BAD IDEAS ON IMMIGRATION — STRIPPING HAITIANS AND CENTRAL AMERICANS OF TPS STATUS IS CERTAINLY ONE OF THE WORST!

https://www.washingtonpost.com/world/national-security/tens-of-thousands-of-haitian-central-american-immigrants-could-lose-protected-status/2017/10/20/ceae3582-b5bd-11e7-99c6-46bdf7f6f8ba_story.html?utm_term=.65aa6a9f8ec8

Nick Miroff reports for the Washington Post:

“A form of legal immigration status will expire soon for 300,000 Haitians and Central Americans residing legally in the United States, some for nearly two decades, but the Trump administration has given little indication it plans to renew the benefit.

The immigrants have been allowed to live and work in the United States under a program called Temporary Protected Status (TPS) that shields some migrants from deportation if their nations are stricken by natural disasters, civil wars or other calamities.

Permission to stay must be periodically renewed by the Department of Homeland Security, and in the coming weeks, the agency will decide the fate of about 195,000 Salvadorans, 57,000 Hondurans, 50,000 Haitians and 2,550 Nicaraguans. Once the protections lapse, those immigrantswould be subject to deportation.

Their predicament is not as well known as the “Dreamers” who have been allowed to stay under the Deferred Action for Childhood Arrivals (DACA), the program that Trump is canceling. But an end to TPS protections could have wide-ranging consequences, especially in cities such as Los Angeles, Miami, Houston and Washington, where many of the beneficiaries and their U.S.-born children reside.

Democratic lawmakers and advocacy groups are urging the administration to extend the TPS protections, warning that the humanitarian and economic costs of expelling so many long-term U.S. residents would be steep.

Moreover, they say, the countries remain crippled by violence, disease and poverty, and the abrupt loss of the cash remittance payments the immigrants send from the United States would deal a heavy blow to those nations’ feeble economies.

. . . .

But like the DACA debate, the TPS decision has become a proxy for a broader argument about immigration and the enforcement of U.S. laws. The Trump administration has been signaling it wants to break with its predecessors and appears to want to make a statement, said Doris Meissner, the top immigration official under the Clinton administration,

“The deeper point is they don’t want people here from other countries for humanitarian reasons,” said Meissner, now a senior fellow at the Migration Policy Institute in Washington. “They don’t see these various elements of immigration policy as particularly positive for the U.S., or as a broader expression of our values and image in the world.”

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Read the complete article at the link.

Sending folks who are living here legally back to countries in turmoil is a terrible idea, from a humanitarian and a practical standpoint. What would make sense is to offer them some type of legal status. As I’ve pointed out before, even if TPS is revoked, few of these folks are going anywhere soon. With more than 630,000 pending cases in U.S. Immigration Court and the Administration pledged to mindlessly throw many more into the morass, few current TPS holders would be likely to get merits hearings before the end of Trump’s current term.

This is an Administration largely devoid of humanitarian instincts and commitments. Not so much common sense and practicality either.

PWS

10-22-17

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
Posted on October 22, 2017October 22, 2017Author Jennings12@aol.comCategories African Americans, Backlogs, Bigotry, Black Americans, Central America, Children, Civil Rights, Congress, Country Reports on Human Rights, Democrats, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Due Process, El Salvador, Enforcement, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Foreign Policy, Former INS Commissioner Doris Meissner, Gangs, Haiti, Hispanics, History, Honduras, Human Rights, Immigration & Customs Enforcement ("ICE"), Immigration Courts, Jeff Sessions, Latinos, Migration, National Security, Nationalism, Northern Triangle, Obama Administration, Politics, Populism, President Donald Trump, Public Safety, Refugees, Removals, Sanctuary Cities, The Swamp, TPS, Trump Administration, United States Citizenship and Immigration Services ("USCIS"), Women, Women's RightsTags Central America, Congress, DHS, Donald Trump, Doris Meissner, Due Process, Executive Order, Haiti, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, National Security, Nationalism, Nick Miroff, Paul Wickham Schmidt, politics, Racism, Refugees, Stephen Miller, Steve Bannon, TPS, Trump Administration, U.S. Department of Justice, Washington Post

TRAC DATA: IMMIGRATION COURTS DISCRIMINATE AGAINST DETAINED INDIVIDUALS AND MEXICAN NATIONALS IN PROCEDING WITHOUT COUNSEL!

http://immigrationimpact.com/2017/10/20/mexican-detained-disadvantaged-immigration-court/

Katie Shepherd reports for Immigration Impact:

“Immigrants facing deportation fare far better if they have a competent attorney representing them. For example, studies show that for asylum seekers, representation generally doubles the likelihood of being granted asylum.

For many, the ability to secure competent representation in immigration court is truly a matter of life and death.  Yet fewer than 30 percent of detained individuals and only two thirds of non-detained individuals are represented in their removal case.

Meanwhile, the government is represented by an attorney in every single case.

While immigrants have a right to counsel in deportation proceedings if they can afford one, they do not have a right to counsel at the government’s expense.

New data released this week by the Transactional Records Access Clearinghouse (TRAC) confirms that a noncitizen’s ability to obtain a lawyer—and the opportunity to meaningfully defend him or herself against deportation—is determined primarily by nationality and whether or not he or she is detained.

The data analysis reflects what detained immigrants, their family members, and the very small number of attorneys who do detained work already know too well—detained immigrants who attempt to retain an attorney face substantial obstacles.

There are myriad reasons that detained immigrants cannot obtain representation.

Because they are detained, they are unable to travel to meet with an attorney in person and must rely on telephones in the facility to call potential attorneys.  Phone calls can be prohibitively expensive and phones are often not easily accessible.

Attorney visitation rules vary by facility—many of which are located in rural areas, hours from the attorney’s office. Further, many detained immigrants are simply unable to afford a competent attorney.

. . .

The TRAC data also shows that Mexican immigrants are disproportionately disadvantaged in immigration court.  They have the highest detention rate (78 percent), yet the lowest representation rate of all nationalities—only 33 percent according to the report.

More than anything, the recent TRAC numbers emphasize the dire need for increased access to counsel for all immigrants facing deportation, particularly those who are detained.”

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Read the complete article at the link.

The policies being followed by Sessions and the DHS — which encourage more detention in out of the way locations — are specifically designed to diminish representation, increase removals, and deny due process to the most vulnerable among us.

PWS

10-22-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  3. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  4. TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!
Posted on October 22, 2017Author Jennings12@aol.comCategories AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, American Immigration Council, Article I Court, Article I Immigration Court, Asylum, Backlogs, Backlogs, Board of Immigration Appeals ("BIA"), Border Enforcement, Central America, Civil Rights, Congress, Convention Against Torture, Courts, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Due Process, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Federal Employees, Fifth Amendment, Hispanics, History, Human Rights, Immigration & Customs Enforcement ("ICE"), Immigration Courts, Immigration Impact Blog, Interior Enforcement, Jeff Sessions, Katie Shepherd, Latinos, Liability of Government Officials, Mexico, Migration, Nationalism, Obama Administration, Paul Wickham Schmidt, Politics, Populism, President Donald Trump, Racism, Refugees, Report of the Subcommittee on Privatized Immigration Detention Facilities, Sanctuary Cities, Statistics, Stephen Miller, Steve Bannon, The Swamp, TRAC Immigration, TRAC Immigration, Trump Administration, U.N. Convention and Protocol on Refugees, U.S. Constitution, Undocumented Individuals, United Nations, Women, Women's RightsTags Aimless Docket Reshuffling, American Immigration Council, Asylum, BIA, Congress, DHS, Donald Trump, Due Process, Executive Order, immigration, Immigration Court, Immigration Crisis, Immigration Detention, Immigration Impact, immigrationcourtside, Interior Enforcement, Jeff Sessions, Katie Shepherd, Mexicans, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Racism, Refugees, Representation, Sanctuary Cities, Stephen Miller, Steve Bannon, TRAC Immigration, Trump Administration, U.S. Department of Justice

DRAMA CONTINUES FOR PREGNANT TEEN AS APPEALS COURT LOOKS TO “BROKER DEAL” WITHOUT DECIDING ANYTHING!

http://www.slate.com/blogs/the_slatest/2017/10/20/d_c_circuit_s_dubious_compromise_won_t_guarantee_undocumented_minor_s_abortion.html

Mark Joseph Stern reports for Slate:

“On Friday afternoon, the U.S. Court of Appeals for the District of Columbia Circuit granted an undocumented minor in federal custody conditional access to abortion—within the next few weeks. The decision marks a compromise by two conservative judges keen to preserve their anti-abortion bona fides without transgressing Supreme Court precedent, which clearly protects the minor’s right to terminate her pregnancy. This ruling will force the minor at the heart of this case, who is referred to as Jane Doe, to continue her unwanted pregnancy for at least 11 more days.

. . . .

Thus, it is quite possible that Kavanaugh’s handiwork will fail, and the government will be back in court in a few weeks arguing against Doe’s abortion rights. By that point, Doe will be approaching the point at which she cannot legally terminate her pregnancy in Texas. The government’s intervention has already prevented her from getting a first-trimester abortion, a simpler procedure than a second-trimester abortion. Now HHS has been handed a strategy to keep her pregnant for weeks longer. Kavanaugh may think he has played the conciliator in this case. But in reality, he’s given the government another chance to run down the clock on Doe’s abortion rights.”

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Read Stern’s complete article at the above link.

Looks to me like Judge Kavanaugh’s political instincts and desire to keep alive a possible nod for the Supremes trumps his responsibility to the Constitution, to litigants, and to the public to make tough decisions (which, after all, is what he actually gets paid for). Little wonder that trial judges (not as many places to “run and hide” at the “retail level”) often look at their “ivory tower” appellate colleagues with a jaundiced eye!

PWS

10-21-17

Related posts:

  1. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
  2. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  3. GONZO’S WORLD: DEHUMANIZING IMMIGRANTS BRINGS BACK DREDD SCOTT!
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
Posted on October 21, 2017Author Jennings12@aol.comCategories 14th Amendment, Abortion, ACLU, Asylum, Central America, Children, Civil Rights, Congress, Courts, D.C. Circuit, Department of Homeland Security, Detainers, Detainers, Detention, Due Process, Enforcement, Equal Protection, Ethics, Executive Orders, Federal Employees, First Amendment, Health, Health Care, Hispanics, Human Rights, Immigration & Customs Enforcement ("ICE"), Judge Brett Kavanaugh, Latinos, Liability of Government Officials, Mark Joseph Stern, Migration, Nationalism, Obama Administration, Persecution, Political Correctness, Politics, Populism, President Donald Trump, Pro Bono Representation, Public Safety, Removals, Representation, Slate, Supreme Court, The Swamp, Trump Administration, U.S. Constitution, Undocumented Individuals, Women, Women's RightsTags Abortion, Asylum, D.C. Circuit, Detention, DHS, Donald Trump, Due Process, immigration, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Judge Brett Kavanaugh, Mark Joseph Stern, Nationalism, Paul Wickham Schmidt, politics, President Trump, Slate, Supreme Court, Trump Administration, U.S. Constitution, U.S. Department of Justice, Women's Rights

BIA DEFINES “RAPE” – MATTER OF KEELEY, 27 I&N DEC 146 (BIA 2017)

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Matter of Keeeley, 27 I&N Dec. 146 (BIA 2017)

BIA HEADNOTE:

(1) The term “rape” in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2012), encompasses an act of vaginal, anal, or oral intercourse, or digital or mechanical penetration, no matter how slight. Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. 2012), not followed.

(2) The term “rape” also requires that the underlying sexual act be committed without consent, which may be shown by a statutory requirement that the victim’s ability to appraise the nature of the conduct was substantially impaired and the offender had a culpable mental state as to such impairment.

PANEL: Appellate Immigration Judges PAULEY, MALPHRUS, and MULLANE

DECISION BY:  Judge Pauley

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Perhaps not surprisingly, the BIA chose not to follow the decision of the Fifth Circuit Court of Appeals in Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. 2012) which offered a rape definition slightly more favorable to respondents. The Fifth Circuit generally is known as an very conservative, pro-Government body, hardly the Ninth Circuit or even the Seventh Circuit. But, then, what do Article III Judges know about criminal law and statutory construction?

PWS

10-21-17

 

Related posts:

  1. SUPREMES AGREE TO TAKE ANOTHER DETENTION CASE — This One Involves The “When Released” Issue For Mandatory Detention – Nielsen v. Preap, 9th Cir.
  2. ICE’S “IN YOUR FACE” COURTHOUSE ARREST POLICY ERODES OUR CONSTITUTOINAL SYSTEM OF JUSTICE!
  3. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  4. 🏴‍☠️☠️🤮⚰️🆘AMERICA’S SHAME — NATIONAL DISGRACE – SYSTEMIC INSTITUTIONAL FAILURE: From Supremes Who Abandoned Their Key Precedent In Cardoza-Fonseca, To A 5th Cir. Court Of Appeals That Shirked Its Duty To Protect Refugees, To A “Don’t Rock The Boat” BIA That Failed To Enforce Uniformity, To Unqualified & Biased Immigration “Judges” Who Created Illegal, “Asylum-Free Zones,” The U.S. Asylum System Was In Deep Trouble Even Before Trump – Under Trump, It Has Become A “Killing Floor” Programmed To Intentionally Deny & Deport Deserving Refugees To Death, Torture, Or Grotesque Mistreatment, As Indolent, Cloistered Article IIIs, Unwilling To Dig In & Stop The Slaughter Look On!
Posted on October 21, 2017Author Jennings12@aol.comCategories 5th Circuit, Aggravated Felony, Board of Immigration Appeals ("BIA"), Chevron doctrine, Courts, Crime, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Due Process, Executive Office for Immigration Review ("EOIR'), Fifth Amendment, Immigration & Customs Enforcement ("ICE"), Immigration Courts, Jeff Sessions, Judge Garry Malphrus, Judge Hugh Mullane, Judge Roger Pauley, Judicial Review, Litigation, Matter of Keeley, Rape, Trump Administration, U.S. ConstitutionTags 9th Circuit, Aggravated Felonies, BIA, Congress, Crime, DHS, Due Process, ed, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Judge Roger Pauley, Matter of Keeeley, National Security, Nationalism, Rape, Trump Administration, U.S. Department of Justice

U.S. IMMIGRATON JUDGES: QUOTAS WILL SPELL THE END OF DUE PROCESS IN IMMIGRATION COURT!

HERE ARE TWO POSITION PAPERS PREPARED BY THE NATIONAL ASSOCIATION OF IMMIGRATION JUDGES (“NAIJ”) THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTS ALL U.S. IMMIGRATION JUDGES  (FULL DISCLOSURE: I am a Retired Member of the NAIJ)

NAIJ HAS GRAVE CONCERNS REGARDING IMPLEMENTATION OF QUOTAS ON IMMIGRATION JUDGE PERFORMANCE REVIEWS, October 18, 2017

“The imposition of quotas or deadlines on judges can impede justice and due process. For example, a respondent must be given a “reasonable opportunity” to examine and present evidence. Section 240(b) (4) (B) of the Act. Given that most respondents do not speak English as their primary language and much evidence has to be obtained from other countries, imposing a time frame for completion of cases interferes with a judge’s ability to assure that a respondent’s rights are respected.

Not only will individuals who appear in removal proceedings potentially suffer adverse consequences, but also the public’s interest in a fair, impartial and transparent tribunal will be jeopardized by implementation of such standards.

THE SOLUTION

While it cannot be denied that additional resources are desperately needed immediately, resources alone cannot solve the persistent problems facing our Immigration Courts. The problems highlighted by the response to the recent “surge” underscores the need to remove the Immigration Court from the political sphere of a law enforcement agency and assure its judicial independence. Structural reform can no longer be put on the back burner. Since the 1981 Select Commission on Immigration, the idea of creating an Article I court, similar to the U.S. Tax Court, has been advanced.xvi In the intervening years, a strong consensus has formed supporting this structural change.xvii For years experts debated the wisdom of far-reaching restructuring of the Immigration Court system. Now “[m]ost immigration judges and attorneys agree the long term solution to the problem is to restructure the immigration court

system….” xviii

The time has come to undertake structural reform of the Immigration Courts. It is apparent that until far-reaching changes are made, the problems which have plagued our tribunals for decades will persist. For years NAIJ has advocated establishment of an Article I court. We cannot expect a different outcome unless we change our approach to the persistent problems facing our court system. Acting now will be cost effective and will improve the speed, efficiency and fairness of the process we afford to the public we serve. Our tribunals are often the only face of the United States justice system that these foreign born individuals experience, and it must properly reflect the principles upon which our country was founded. Action is needed now on this urgent priority for the Immigration Courts. It is time to stop the cycle of overlooking this important component of the immigration enforcement system – it will be a positive step for enforcement, due process and humanitarian treatment of all respondents in our proceedings.

6

NAIJ CONCERNS RE QUOTAS

AILA Doc. No 17102062.  (Posted 10/20/17)

We realize that immediate action is needed, and that a structural overhaul and creation of an Article I Court, while the best and only durable solution, may not be feasible right now. However, Congress can act easily and swiftly resolve this problem through a simple amendment to the civil service statute on performance reviews. . Recognizing that performance evaluations are antithetical to judicial independence, Congress exempted Administrative Law Judges (ALJs) from performance appraisals and ratings by including them in the list of occupations exempt from performance reviews in 5 U.S.C. § 4301(2)(D). This provision lists ALJs as one of eight categories (A through H) of employees who are excluded from the requirement of performance appraisals and ratings.xix To provide that same exemption to Immigration Judges, all that would be needed is an amendment to 5 U.S.C. § 4301(2) which would add a new paragraph (I) listing Immigration Judges in that list of exempt employees.

We urge you to take this important step to protect judicial independence at the Immigration Courts by enacting legislation as described above.

Thank you.

FOR ADDITIONAL INFORMATION, CONTACT

THE HONORABLE A. ASHLEY TABADDOR, PRESIDENT NATIONAL ASSOCIATION OF IMMIGRATION JUDGES C/o Immigration Court
606 S. Olive Street, 15th Floor

Los Angeles, CA 90014 (310)709-3580 ashleytabaddor@gmail.com www.naij-usa.org

Read the complete memo at this link:

NAIJ2

 

Threat to Due Process and Judicial Independence Caused by Performance Quotas on Immigration Judges

“15) If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts. Judges can face potential termination for good faith legal decisions of which their supervisors do not approve.

16) In addition, Circuit Courts will be severely adversely impacted and we will simply be repeating history which has proven to be disastrous. One need only remember the lasting impact of Attorney General Ashcroft’s “streamlining” initiative at the Board of Immigration Appeals.

17) The United States Government Accountability Office issued its report entitled “IMMIGRATION COURTS-Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges Report to Congressional Requesters” in June 2017, GAO-17-438, (GAO Report). This GAO Report contains a section entitled, “Comprehensive Performance Assessment Could Help EOIR Identify Effective Management Approaches to Address the Case Backlog;” however, nowhere is the suggestion made that numerical or time based criteria be added to performance evaluations for immigration judges. AILA Doc. No 17102061. (Posted 10/20/17)

18) There is no reason for the agency to have production and quantity based measures tied to judge performance reviews. The current court backlog cannot be attributed to a lack of Immigration Judge productivity. In fact, the GAO report shows that Immigration Judge related continuances have decreased (down 2 percent) in the last ten years. GAO Report at 124. The same report shows that continuances due to “operational factors” and details of Immigration Judges were up 149% and 112%, respectively. GAO Report at 131, 133. These continuances, where Judges were forced to reset cases that were near completion in order to address cases that were priorities of various administrations, have a much greater impact on case completion rates. 19) The imposition of quotas or deadlines on judges can impede justice and due process. For example, a respondent must be given a “reasonable opportunity” to examine and present evidence. Section 240(b) (4) (B) of the Act. Given that most respondents do not speak English as their primary language and much evidence has to be obtained from other countries, imposing a time frame for completion of cases interferes with a judge’s ability to assure that a respondent’s rights are respected.”

Read this entire memorandum at the following link:

NAIJ1

 

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

Folks, Due Process is “on the run” at the U.S. Immigration Courts. If Congress doesn’t take at least some corrective action to protect quasi-judicial independence, our U.S. Immigration Courts will no longer be able to provide fair and impartial adjudication in accordance with Constitutional requirements. Today, the statutory and Constitutional rights of immigrants are under attack. Tomorrow it could be YOUR Constitutional rights. Who is going to speak up for YOUR RIGHTS if YOU are indifferent to the rights of others?

PWS

10-21-17

Related posts:

  1. TRUMP’S “GONZO” ENFORCEMENT POLICIES PRODUCE MORE REMOVAL ORDERS BUT FEWER ACTUAL DEPORTATIONS! — CRIMINAL DEPORTATIONS FALL AS DHS PICKS ON NON-CRIMINALS! — MINDLESS ABUSE OF ALREADY OVERWHELMED IMMIGRATION COURT DOCKETS ACTUALLY INHIBITS ABILITY TO CONCENTRATE ON CRIMINALS!
  2. MICA ROSENBERG, READE LEVINSON, & RYAN McNEILL EXPOSE UNEQUAL JUSTICE & ABUSE OF VULNERABLE ASYLUM SEEKERS FROM “COURT” SYSTEM LACKING BASIC JUDICIAL INDEPENDENCE! Sessions’s Chilling Response: Speed Things Up, Establish Deportation Quotas, Strip Asylum Seekers Of Rights To Due Process, Eliminate Professional Judicial Training, & Aimlessly Throw More Inexperienced, Untrained Judges Into This Mess! – Will He Get Away With His Atrocious Plan To Make Immigration Courts The “Killing Floor?” — AN IN-DEPTH LOOK AT THE TRAVESTY OF JUSTICE UNFOLDING IN U.S. IMMIGRATION COURT ON A DAILY BASIS!
  3. HALLOWEEN HORROR STORY: Opaque & Biased Politicized Judicial Hiring Denies Migrants The Fair & Impartial Adjudication To Which They Are Constitutionally Entitled – Given The Generous Legal Standards, A Worldwide Refugee Crisis, & Asylum Officers’ Positive Findings In Most Cases, Asylum Seekers Should Be Winning The Vast Majority Of Immigration Court Cases — Instead, They Are Being “Railroaded” By A Biased System & Complicit Article III Courts!
  4. NEW EOIR MEMO ENCOURAGES IMMIGRATION JUDGES TO DUMP ON UNACCOMPANIED CHILDREN (“UACS”) – “When In Doubt, Kick ‘em Out” New Motto Of Gonzo’s “Captive Courts!” — We’ve Come A Long Way From “Guaranteeing Fairness And Due Process For All” In A Short Time!
Posted on October 21, 2017Author Jennings12@aol.comCategories "Rocket Docket", AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, American Immigration Lawyers Association ("AILA"), Article I Court, Article I Immigration Court, Backlogs, Board of Immigration Appeals ("BIA"), Border Enforcement, Bush II Administration, Chief U.S. Immigration Judge MaryBeth Keller, Civil Rights, Congress, Continuances, Courts, Department of Homeland Security, Department of Justice, Detention, Due Process, Enforcement, EOIR Director Judge James McHenry, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Expedited Removal, Federal Employees, Fifth Amendment, Government Accountability Office ("GAO"), History, Human Rights, Immigration & Customs Enforcement ("ICE"), Immigration Courts, IMMIGRATION COURTS Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges -- June 2-17, Immigration Judge Training, Immigration Reform, Interior Enforcement, Jeff Sessions, Jim Crow Laws, John Ashcroft, Judge Dana Leigh Marks, Judge Denise Slavin, Judicial Review, Judicial Selection, Legislation, Litigation, Migration, National Association of Immigration Judges, National Security, Nationalism, Paul Wickham Schmidt, Politics, Populism, President Donald Trump, Public Safety, Racism, Removals, Representation, Supreme Court, The Swamp, Trump Administration, Trump Cabinet🤡, U.S. Constitution, Undocumented Individuals, Women, Women's RightsTags Aimless Docket Reshuffling, Arlington Immigration Court, Article 1 Court, BIA, Congress, DHS, Donald Trump, Due Process, immigration, Immigration Court, Immigration Court Reform, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, NAIJ, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Production Quotas For Judges, Racism, Trump Administration, U.S. Constitution, U.S. Department of Justice

READ ABOUT EL SALVADOR, ONE OF THE PLACES WHERE “GONZO & HIS GANG” WOULD LIKE TO SEND REFUGEES WITHOUT GIVING THEM DUE PROCESS AND A FAIR CHANCE TO PLEAD FOR THEIR LIVES!

http://www.washingtonpost.com/sf/world/2016/10/28/el-salvadors-conflict-with-gangs-is-beginning-to-look-like-a-war/?tid=a_classic-iphone&utm_term=.66bd90942a8d

Fred Ramos reports for the Washington Post:

‘We see the police as terrorists’

In the next few weeks, four young men 16 to 24 years old were fatally shot by police during two incidents. Police on both occasions reported an “enfrentamiento,” or confrontation, in which gangsters fired on them. Relatives of the dead said that the officers killed the young men unprovoked.

As with much of the violence here, getting to the truth is difficult. Investigations are often cursory. Some residents said they are too afraid of the police to provide testimony. What is clear is many residents’ deep resentment of the security forces.

“We see the police as terrorists,” said an aunt of one of the four victims, 16-year-old Bryan Rodrigo Santos Arevalo.

The aunt, who spoke on the condition of anonymity, citing a fear of authorities, said that a witness who escaped told her that police had executed the teenager. The right side of Santos Arevalo’s face was blown off, morgue photos show.

If police were using lethal force, so were the gangs. On July 3, 2015, four local police officers were returning from a call when “they attacked us from both sides,” recalled a police supervisor who was present, speaking on the condition of anonymity. Gang members positioned on earthen mounds overlooking the road sprayed gunfire at the officers’ truck, he said. The police sped off, firing frantically, but the driver was hit in his left side. The supervisor was shot in the right knee.

“It’s a miracle that I am alive to tell this story,” the supervisor said.

Three days later, local police along with members of a San Salvador-based SWAT team shot and killed two members of the Tiny Malditos outside a farmhouse in Santa Teresa. The police reported taking gunfire on arrival. Morena Leiva de Silva, the mother of one of the dead, said a farmworker who was present told her that the officers shot the two gang members as they fled.

“They ran from the police because they were terrified,” she said. “They panicked.”

A truce ends

President Salvador Sánchez Cerén was a Marxist guerrilla in the 1980s. Now he is the one defending the state.

“Although some say we are at war, there is no other road,” Sánchez Cerén said in March.

The government of Sánchez Cerén’s predecessor, Mauricio Funes, had engineered a truce between major gangs, transferring their leaders into more lax prisons where they could coordinate with their followers. The homicide rate fell, although critics argued that the respite allowed the gangs to grow stronger.

On taking office in June 2014, Sánchez Cerén brought a swift end to the truce. His government transferred the leaders back to maximum-security lockups, banned visits and cut off cellphone access. He called up military reservists to join the fight against the gangs. The director of the national police announced that officers should feel free to use their weapons to protect themselves. New legislation made it harder to investigate police when they alleged self-defense.

Homicides shot up. Last year, police were responsible for an estimated 1,000 of the country’s 6,600 killings, a steep increase, experts say.

The gangs began targeting police, soldiers, prosecutors and their families in a way unseen. Gang members killed more than 60 police officers last year, nearly doubling the total the year before. Police have confiscated an increasing number of military-style assault rifles from gang members. The attorney general’s office recently accused one of the biggest gangs, Mara Salvatrucha, also known as MS-13, of planning to assemble a 500-man unit of trained gang members to attack security forces. Last fall, a car rigged with explosives detonated outside the Finance Ministry.

The U.N. High Commissioner for Human Rights warned in June that allegations of assassinations by El Salvador’s security forces are “intolerable and are likely to fuel even greater violence.”

The national human rights prosecutor’s office, an independent agency, has compiled a registry of nearly 100 cases of alleged assassinations by security forces or shadowy “extermination groups,” which often include off-duty police, since mid-2013. But the agency acknowledges that there may be many more.

Walter Gerardo Alegria, a deputy head of the office, said it wasn’t clear whether such killings were ordered by authorities. “However, from the quantity of cases that we have, one can assume that this is a systematic practice,” he said.

The director of the national police, Howard Cotto, said he couldn’t rule out that some officers may have taken part in summary executions, but he denied that such behavior was permitted.

“We are not willing to tolerate that under the guise of solving security problems we cover up for people who commit crimes or summary executions,” he said.

The campaign against gangs has been popular among many Salvadorans. But it may come at a terrible cost to this young democracy, said Hector Silva Avalos, who has written a book on the Salvadoran police.

“If between death squads, citizen squads, rough police officers, they kill enough gang members to actually diminish the territorial control of the gangs — then who’s going to be in charge?” he asked. “Police commanders with no respect for human rights?”

 ****************************************************
This is only a small part of a lengthy article which is available at the above link.
This, not Gonzo’s bogus “Blame DACA Narrative” or his fabricated fraud narrative, is why women and children are fleeing from the Northern Triangle and are likely to continue to do so regardless of how much “deterrence” Gonzo & Gang throw at them. And, these folks have potentially legitimate claims that should be fully and impartially heard in Immigration Court with the assistance of counsel and full appeal rights. Even those who do not fit the “technical requirements” for legal protection under U.S. law might well have strong humanitarian claims for temporary refuge under Temporary Protected Status (“TPS”) (which the last tow Administration ministrations have stubbornly refused to acknowledge) or prosecutorial discretion. We are hardly a “disinterested party” in the rampant violence that is now gripping Central America.
PWS
10-20-17

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!
  3. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  4. MICA ROSENBERG, READE LEVINSON, & RYAN McNEILL EXPOSE UNEQUAL JUSTICE & ABUSE OF VULNERABLE ASYLUM SEEKERS FROM “COURT” SYSTEM LACKING BASIC JUDICIAL INDEPENDENCE! Sessions’s Chilling Response: Speed Things Up, Establish Deportation Quotas, Strip Asylum Seekers Of Rights To Due Process, Eliminate Professional Judicial Training, & Aimlessly Throw More Inexperienced, Untrained Judges Into This Mess! – Will He Get Away With His Atrocious Plan To Make Immigration Courts The “Killing Floor?” — AN IN-DEPTH LOOK AT THE TRAVESTY OF JUSTICE UNFOLDING IN U.S. IMMIGRATION COURT ON A DAILY BASIS!
Posted on October 20, 2017October 20, 2017Author Jennings12@aol.comCategories "Rocket Docket", "Send In The Clowns"🤡, Administrative Closing ("AC"), AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, Article I Court, Article I Immigration Court, Asylum, Backlogs, Bigotry, Board of Immigration Appeals ("BIA"), Border Enforcement, Central America, Children, Civil Rights, Clowns, Congress, Convention Against Torture, Courts, Credible Fear, DACA, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Document Fraud, Domestic Violence, Domestic Violence, Dreamers, Due Process, El Salvador, Enforcement, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Expedited Removal, Family Immigration, Fifth Amendment, Gangs, GOP, Government Accountability Office ("GAO"), Guatemala, Hispanics, History, Homicide, Homophobia, Honduras, Human Rights, Human Rights First, Human Rights Watch, Human Trafficking, Immigration & Customs Enforcement ("ICE"), Immigration Courts, IMMIGRATION COURTS Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges -- June 2-17, Interior Enforcement, Internal Relocation, Jeff Sessions, Jim Crow Laws, Judicial Review, Latinos, Legal Immigration, LGBT, Litigation, Migration, Mixed Motive, National Security, Nationalism, Nexus, Northern Triangle, Obama Administration, Particular Social Group, Pattern or Practice, Paul Wickham Schmidt, Police Report, Politics, President Donald Trump, Prosecutorial Discretion, Public Safety, Racism, Reasonably Available Internal Relocation, Refugees, Removals, Representation, Stephen Miller, Steve Bannon, Terrorism, The Swamp, The Wall, Torture, TPS, Transgender, Trump Administration, Trump Cabinet🤡, U.N. Convention and Protocol on Refugees, U.S. Constitution, Undocumented Individuals, UNHCR, United Nations, Unwilling or Unable to Protect, Washington Post, Well-Founded Fear, Women, Women's RightsTags Asylum, BIA, Congress, DACA, DHS, Donald Trump, Dreamers, Due Process, El Salvador, Executive Order, Fred Ramos, Gangs, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Racism, Refugees, Sanctuary Cities, Stephen Miller, Steve Bannon, Trump Administration, U.S. Department of Justice

GOING GONZO IN TEXAS: Sessions “Doubles Down” On Slurs, False Narrative, & Innuendo Against Immigrants!

DOJ PRESS RELEASE:

“Attorney General Jeff Sessions Delivers Remarks About Carrying Out the President’s Immigration Priorities
Austin, TX

~

Friday, October 20, 2017

Remarks as prepared for delivery

Thank you for that kind introduction Richard. You’ve been a crime fighter here in this office for over three decades.  Thank you for your dedicated service.

I would also like to thank and recognize our selfless and dedicated law enforcement here who put their lives on the line every and who run toward danger for the benefit of us all.

On behalf of President Trump, it is an honor to be here with you all – with the selfless and courageous men and women of law enforcement.  President Trump and this Department of Justice understand your mission.  The President has directed us to support that mission and support you.  And we are committed to doing that.

Donald Trump ran for office as a law-and-order candidate and now he is governing as a law-and-order President.  Under his strong leadership, we are finally getting serious about crime and the rule of law.  And we are finally getting serious about illegal immigration.

We have the most generous immigration laws in the world.  And for decades we have always pulled back from effective enforcement.

But earlier this month, the President released his principles for fixing our immigration system.  Let me just say: they are a breath of fresh air.  For decades, the American people have been begging and pleading with our elected officials for an immigration system that is lawful and that serves our national interest.  Now we have a President who leads.

The principles he laid out deal with every aspect of our immigration problems—everything from border security to interior enforcement to closing loopholes in our asylum program.  It’s the kind of bold agenda that the American people have been waiting for.  It is reasonable and it will work.  And this is a critical point: this is not hopeless; it can be done!

First of all, the President is determined to finally build a wall at our Southern border.  This will make it harder for illegal aliens to break into this country.  For many, they will decide not to come illegally.  But more importantly, the wall will send a message to the world that we enforce our laws.  It sends a message: finally we mean it.

And to better do that, President Trump has proposed hiring more than 10,000 new ICE officers, 1,000 new ICE attorneys, 300 new prosecutors, and nearly 400 new immigration judges.  He has proposed switching to a more merit-based system of immigration like they have in Canada.  That means welcoming the best and the brightest but turning away gang members, fraudsters, drunk drivers, and child abusers.  This merit-based system would better serve our national interest because it would benefit the American people.  That’s what this agenda is all about.  We can’t accept everybody—only people who will flourish.

And that’s why the President supports mandating the use of the E-verify system, which is an internet based system that allows employers to verify that those they hire are authorized to work in the United States.

Under the President’s plan, it would be illegal to discriminate against American workers in favor of foreign workers.

We need this agenda.  And Texans know that better than just about anybody.

I’m sure everyone in this room remembers Houston police officer Kevin Will.  An illegal alien who had been deported twice drove drunk and hit Officer Will at about 90 miles per hour.  Officer Will’s last words were telling someone to get out of the way of the car.  He died protecting innocent people.  And when he died, his wife was pregnant with their first child.

The open-borders lobby talks a lot about kids—those who are here unlawfully.  But open-borders policies aren’t even in their interest either.  After the previous administration announced the Deferred Action for Childhood Arrivals—or DACA—policy in 2012, the number of unaccompanied children coming here nearly doubled in one year.  The next year, it doubled again.

I doubt that was a coincidence.  DACA encouraged potentially tens of thousands of vulnerable children to make the dangerous journey North.  That had terrible humanitarian consequences—and Texans know that firsthand.

Earlier this month, Border Patrol arrested two young men who had benefitted from DACA, for allegedly attempting to smuggle illegal aliens into Laredo.

Just a few days later, another beneficiary of DACA was charged with the murder of an 18-year old girl.  In total, 2,000 DACA recipients have had their status withdrawn.

The President wants to stop the incentives for vulnerable children to come here illegally.   He began to do that last month when he ended the DACA policy.

The President has also laid out a plan to close loopholes that are being exploited in our asylum program.

Under the previous Administration, the federal government began releasing illegal aliens who claimed to be too afraid to return home.  Unsurprisingly, the number of these claims skyrocketed nearly 20-fold in eight years from 5,000 in 2009 to 94,000 now.  And after their release, many of these people simply disappeared.

It’s too easy to defraud our system right now—and President Trump is going to fix that.  The President’s plan to close the loopholes will stop the incentive for false asylum claims.

President Trump is also confronting the state and local jurisdictions that have undertaken to undo our immigration laws through so-called “sanctuary policies.”

Such policies undermine the moral authority of law and undermine the safety of the jurisdictions that adopt them.  Police are forced to release criminal aliens back into the community—no matter what their crimes.  Think about that: Police may be forced to release pedophiles, rapists, murderers, drug dealers, and arsonists back into the communities where they had no right to be in the first place.  They should—according to law and common sense—be processed and deported.

These policies hinder the work of federal law enforcement; they’re contrary to the rule of law, and they have serious consequences for the law-abiding Texans.

Earlier this month, an illegal alien in Kansas pled guilty to reckless driving that killed a law enforcement officer conducting a traffic stop.  He tested for a blood alcohol content twice the legal limit.  The officer who was killed—Deputy Brandon Collins—had two young daughters.

The illegal alien who killed Deputy Collins had already been arrested twice for driving-related offenses—including a previous drunk driving conviction.  Clearly, he had been in police custody, but no one turned him over to ICE.

The politicians behind “sanctuary” policies say that forcing police officers to release criminal aliens back onto the streets will somehow increase community trust.

But that does not make sense to me.  Would releasing someone who had been arrested numerous times into your community give you more confidence in law enforcement?

Would learning that a local district attorney actually charges illegal aliens with less serious crimes than Americans to evade federal deportation make you believe they are trying to make your neighborhood safer?  Would forcing federal officers to track down criminal aliens on your street instead of safely in the jails make you believe we value your community?

We all know law enforcement is not the problem.  You risk your lives each day in service of the law and the people you protect.  Cooperation, mutual respect is critical.  Disrespecting our law enforcement officers in their lawful duties in unacceptable.

The problem is the policies that tie your hands.

Yet, rather than reconsider their policies, sanctuary jurisdictions feign outrage when they lose federal funds as a direct result of actions designed to nullify plain federal law.  Some have even decided to go to court so that they can keep receiving taxpayer-funded grants while continuing to impede federal immigration enforcement.  We intent to fight this resolutely.

We cannot continue giving federal grants to cities that actively undermine the safety of federal law officers and intentionally frustrate efforts to reduce crime in their own cities.

These jurisdictions that knowingly, willfully, and purposefully release criminal aliens back into their communities are sacrificing the lives and safety of American citizens in the pursuit of an extreme open borders policy. It’s extreme and open borders because if a jurisdiction won’t deport someone who enters illegally and then commits another crime then who will they deport.

This isn’t just a bad policy. It’s a direct challenge to the laws of the United States.  It places the lives of our fine law enforcement officers at risk and I cannot and will not accept this increased risk because certain politicians want to make a statement.

Our duty is to protect public safety and protect taxpayer dollars and I plan to fulfill those duties.

The vast majority of Americans oppose “sanctuary” policies.  According to one poll, 80 percent of Americans believe that cities should turn over criminal aliens to immigration officials.

The American people are not asking too much, and neither is the Department of Justice.  Federal law enforcement wants to work with our partners at the state and local level.  We want to keep our citizens safe.

Fortunately, in President Trump, we have strong leadership that is making a difference.

Since he took office, border crossings have plummeted by nearly a quarter—even as our economy has been booming.  This past fiscal year, Border Patrol conducted half of the number of arrests as the previous one, and one-fifth of the number of arrests they made a decade ago.

Now, someone might say, that decline is because they’re just not catching people.  But that’s just not true.

Border Patrol’s tactics and their technology have been refined and are only getting better.  The Department of Homeland Security believes that they are catching a greater share of illegal aliens than ever—more than four out of five.

So the data show clearly: President Trump’s leadership is making a difference.  Would-be lawbreakers know that we are restoring the rule of law and enforcing our immigration laws again.

And under President Trump’s immigration principles, the Departments of Justice and Homeland Security will stop rewarding sanctuary cities with taxpayer dollars.

If these cities want to receive law enforcement grants, then they should stop impeding federal law enforcement.

In Texas, you have taken a leadership role on this issue.

I want to commend the state legislature for passing Senate Bill Four with strong majorities in both chambers, and thank Governor Abbott for signing it into law.

I am well aware that this law has its critics.  And I am more than familiar with their line of criticism.  But the facts of the case are clearly on Texas’ side.

Earlier this month, the Department of Justice filed an amicus brief in this case.  We believe that the outcome is important not just to the state of Texas, but to the national interest.  The integrity of our immigration laws is not a local issue—it is a national issue.

I am confident that Texas will prevail in court.  But I would urge every so-called “sanctuary” jurisdiction to reconsider their policies.  So-called “sanctuary” policies risk the safety of good law enforcement officers and the safety of the neighborhoods that need their protection the most.  There are lives and livelihoods at stake.

If we work together, we can make our country safer for all our residents—native born and lawful immigrant alike.  Working together requires ending “sanctuary” policies.

The Department of Justice is determined to reduce crime.  We will not concede a single block or street corner in the United States to lawlessness.  Nor will we tolerate the loss of innocent life because a handful of jurisdictions believe they are above the law.

And so to all the law enforcement here—federal, state, and local—thank you for all that you do.  President Trump is grateful; I am grateful, and the entire Department of Justice is grateful for your service.  We have your back and you have our thanks.

Thank you, and God bless you.”

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

Sessions is proposing to make the U.S. Immigration Court the largest, and certainly most “out of control” Federal Judiciary. And he also wants 10,000 more agents for the Internal Security Police (a/k/a/ DHS) that also runs the American Gulag. Sure sounds like a prescription for turning America into something like “Putinia.” That’s the White Nationalist blueprint and why they are so cozy with repressive, non-democratic rulers like Putin.

I’m exhausted for the week. Going to let someone else come up with all the numbers and studies showing how bogus Sessions’s “Alien Crime Wave” and attempt to falsely link DACA to an increase in kids fleeing gang violence to save their lives.

REALITY CHECK:  At some point this grandiose plan for endless personnel and resources devoted largely to keeping needed workers and legitimate refugees out of the U.S. will have to be approved by Congress. And, it promises to be a “Budget Buster.”

PWS

10-20-17

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
  4. GONZO’S WORLD: HIS HIGHLY DISINGENUOUS “TRIBUTE” TO DR. KING WHILE ACTIVELY UNDERMINING MLK’S VISION OF RACIAL EQUALITY IN AMERICA OUTRAGES CIVIL RIGHTS ADVOCATES! — Hollow Words From An Empty Man!
Posted on October 20, 2017October 20, 2017Author Jennings12@aol.comCategories "Rocket Docket", "Send In The Clowns"🤡, AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, Article I Court, Backlogs, Bigotry, Civil Rights, Clowns, Congress, Convention Against Torture, Courts, Crime, DACA, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Dreamers, Due Process, El Salvador, Enforcement, Executive Orders, Expedited Removal, Gov. Greg Abbott, Guatemala, History, Homophobia, Honduras, Human Rights, Immigration Courts, Jeff Sessions, Jim Crow Laws, Judicial Selection, Ken Paxton, LGBT, Migration, National Security, Nationalism, Northern Triangle, Paul Wickham Schmidt, Persecution, Political Correctness, Politics, Populism, President Donald Trump, Prosecutorial Discretion, Public Safety, Racism, Refugees, Religion, Removals, Representation, SB 4, Statistics, Stephen Miller, Steve Bannon, Terrorism, Texas, The Swamp, The Wall, Torture, Transgender, Travel Ban 3.0, Trump Administration, Trump Cabinet🤡, U.N. Convention and Protocol on Refugees, U.S. Constitution, Undocumented Individuals, UNHCR, United Nations, Women, Women's RightsTags Asylum, Bogus Crime Wave, Congress, DHS, Donald Trump, Dreamers, Due Process, Executive Order, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Judicial Vacancies, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Racism, Refugees, Sanctuary Cities, Stephen Miller, Steve Bannon, Texas, Trump Administration, U.S. Department of Justice, White Nationalism

“RACIST JOE’S” CONVICTION STANDS, AT LEAST FOR NOW — U.S. Judge says Trump Can Wipe Out The Consequences But Can’t Erase The Dirty Deeds!

https://www.huffingtonpost.com/entry/joe-arpaio-criminal-conviction-not-erased_us_59e9d4b3e4b0df10767c4e07?ncid=inblnkushpmg00000009

Willa Frej reports for HuffPost:

“A judge rebuffed former Maricopa County Sheriff Joe Arpaio’s request to expunge his criminal conviction for unlawfully detaining individuals based on suspicions of their legal status after President Donald Trump pardoned him in August.

U.S. District Court Judge Susan Bolton ruled Thursday that the pardon wasn’t a reason to erase Arpaio’s guilty verdict.

“The power to pardon is an executive prerogative of mercy, not of judicial record-keeping,” she wrote. “The Court found Defendant guilty of criminal contempt. The President issued the pardon. Defendant accepted. The pardon undoubtedly spared defendant from any punishment that might otherwise have been imposed. It did not, however, revise the historical facts of this case.”

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

Read the rest of the story at the above link.

You can lie to your heart’s content, but you can’t rewrite history, as Joe and the rest of his racist/White Nationalist cronies in the Trump Administration are finding out.

PWS

10-20-17

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Posted on October 20, 2017Author Jennings12@aol.comCategories "Sheriff Joe" Arpaio, Arizona, Bigotry, Civil Rights, Civil Rights Division, Contempt of Court, Courts, Crime, D AZ, Department of Justice, Detainers, Detainers, Detention, Due Process, Ethics, Executive Orders, GOP, Hate Crime, History, Huffington Post, Human Rights, Interior Enforcement, Jeff Sessions, Jim Crow Laws, Judicial Review, Kris Kobach, Litigation, Migration, National Security, Nationalism, Political Correctness, Politics, Populism, President Donald Trump, Public Safety, Racism, Stephen Miller, Steve Bannon, The Swamp, Trump Administration, Trump Tweets, U.S. Constitution, U.S. District Court Judge Susan Bolton, Undocumented Individuals, Willa Frej, Women, Women's RightsTags "Sheriff Racist Joe" Arpaio, 9th Circuit, Arpaio Pardon, Crime, Donald Trump, HuffPost, immigration, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Judge Susan R. Boltan, National Security, Nationalism, politics, President Trump, Racism, Sanctuary Cities, Stephen Miller, Steve Bannon, Trump Administration, U.S. Department of Justice, White Nationalism, Willa Frej2 Comments on “RACIST JOE’S” CONVICTION STANDS, AT LEAST FOR NOW — U.S. Judge says Trump Can Wipe Out The Consequences But Can’t Erase The Dirty Deeds!

THE HILL: N. Rappaport Believes That Expedited Removal Is the Key To Reducing The Immigration Court Backlog

http://thehill.com/opinion/immigration/356211-trumps-fast-tracked-deportations-may-be-only-practical-solution-to

Nolan writes:

Trump's fast-tracked deportations may be only solution to backlog
© Getty

“An alien who seeks admission to the United States without valid documents can be sent home without a hearing, and, this does not apply just to aliens at the border.  An undocumented alien may be viewed as “seeking admission” even if he has been living here for more than a year.

But for immigration purposes, words mean whatever the Immigration and Nationality Act (INA) says they mean.

Section 235(a)(1) of the INA says that an alien who is in the United States but has not been “admitted” shall be viewed as an applicant for admission for purposes of this Act. And section 101(a)(13) of the INA says that the terms “admission” and “admitted” mean a lawful entry into the United States after an inspection and authorization by an immigration officer.

This makes it possible for DHS to use expedited removal proceedings to deport undocumented aliens who already are in the United States without giving them hearings before an immigration judge, which is necessary now because the immigration court is experiencing a backlog crisis.As of the end of August 2017, the immigrant court’s backlog was 632,261 cases, and the immigration court has only 330 immigration judges. The backlog is getting larger every year because the judges are not even able to keep up with the new cases they receive each year.

. . . .

In expedited removal proceedings, which are conducted by immigration officers, an alien who lacks proper documentation or has committed fraud or a willful misrepresentation to enter the country, can be deported without a hearing before an immigration judge, unless he has a credible fear of persecution.

Previous administrations limited these proceedings to aliens at the border and aliens who had entered without inspection but were apprehended no more than 100 miles from the border after spending less than 14 days in the country.

Trump opted to use expedited removal proceedings to the full extent authorized by law.  In his Executive Order, “Border Security and Immigration Enforcement Improvements,” he orders the DHS Secretary to use the proceedings for the aliens designated in section 235(b)(1)(A)(iii)(II)of the INA, i.e., aliens who are in the United States but were not lawfully admitted and cannot establish that they have been here continuously for two years.

If an alien wants an asylum hearing before an immigration judge, he has to establish to the satisfaction of an asylum officer that he has a credible fear of persecution.  If the asylum officer is not persuaded, the alien can request an abbreviated review by an immigration judge, which usually is held within 24 hours.

Immigration officers should not be making unreviewable decisions about whether to deport someone who has lived in the United States for up to two years.  I would prefer replacing the immigration officers with immigration judges for proceedings involving aliens who are already in the United States.

Expedited removal proceedings are not used for unaccompanied alien children.

The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVRPA) exempts certain unaccompanied alien children (UAC) from expedited removal proceedings.

Trump has asked Congress to amend the TVRPA to restrict the unaccompanied alien children protections.  In the meantime, steps are being taken to deter parents from bringing their children here illegally.

ICE will be putting the parents of UACs in removal proceedings if they are undocumented aliens too, and if a smuggler was paid, they might be prosecuted for human trafficking.

Immigrant advocates still have time to work with Trump on immigration reform legislation, but once Trump has implemented an expanded expedited removal proceedings program, he is not going to be inclined to stop it.  And it could start soon.  He recently issued a Request for Information to identify multiple possible detention sites for holding criminal aliens and other immigration violators.”

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

Read Nolan’s full article over on The Hill at the above link.

I have no doubt that the Trump Administration will attempt to “max out’ the use of expedited removal. Interestingly, however, although the Executive Order referenced by Nolan was issued at the beginning of the Administration, the regulatory changes necessary to expand the use of expedited removal have not yet been published in the Federal Register. A change of this nature is likely to require full notice and comment, which will take some time. If the Administration tries to avoid the notice and comment process, that will be likely to give advocates a valid ground for challenging the revised regulation under the Administrative Procedures Act.

I also doubt that expedited removal can successfully address the current Immigration Court backlog, which is, after all, largely the result of incompetent management, poor enforcement choices, and “ADR” by politicos at the DOJ, including particularly in this Administration. Without removing the political influence over the Immigration Courts and placing them in an independent structure that can be professionally administered in an unbiased manner, no “docket reform” is likely to succeed..

Second, nearly all of the 10-11 million individuals currently in the U.S. without documentation have been here more than two years and can prove it. Indeed, the vast majority of the 630,000+ cases pending in Immigration Court have probably been on the docket for more than two years!

Third, like Nolan, I believe that “Immigration officers should not be making unreviewable decisions about whether to deport someone who has lived in the United States for up to two years.” Individuals living in the United States are entitled to constitutional due process under Supreme Court decisions. A fair hearing before an impartial adjudicator normally is a minimum requirement for due process. A DHS Immigration Officer is not an impartial judicial or quasi-judicial adjudicator.

The situations in which the Federal Courts have permitted DHS Immigration Officers to enter final removal orders against individuals who are “in the United States” (as opposed to at the border, in fact or “functionally”) are fairly limited. One is the situation of an individual who was never admitted as a Lawful Permanent Resident and who committed an aggravated felony. This doesn’t apply to most individuals in the U.S. without documentation.

As Nolan points out, the Federal Courts have also approved “expedited removal” under the current regulations which limit applicability to those who have been here fewer than 14 days and are apprehended within 100 miles of the border — in other words, those who have very minimal connection with the U.S. and have not established any type of “de facto” residence here. In making those limited (but still probably wrong from a constitutional standpoint) decisions some courts have indicated that they would have reservations about reaching the same result in the case of someone who had actually been here for a considerable period of time and had established a residence in the United States.

For example, in Castro v. DHS, 835 F.3d 433 (3rd Cir. 2016), cert. denied, a case upholding expedited removal under the current regulations, the court states:

Of course, even though our construction of § 1252 means that courts in the future will almost certainly lack statutory jurisdiction to review claims that the government has committed even more egregious violations of the expedited removal statute than those alleged by Petitioners, this does not necessarily mean that all aliens wishing to raise such claims will be without a remedy. For instance, consider the case of an alien who has been living continuously for several years in the United States before being ordered removed under § 1225(b)(1). Even though the statute would prevent him from seeking judicial review of a claim, say, that he was never granted a credible fear interview, under our analysis of the Suspension Clause below, the statute could very well be unconstitutional as applied to him (though we by no means undertake to so hold in this opinion). Suffice it to say, at least some of the arguably troubling implications of our reading of § 1252 may be tempered by the Constitution’s requirement that habeas review be available in some circumstances and for some people.

Here’s a link to the full Castro opinion and my previous blog on the decision:

http://wp.me/p8eeJm-IG

I predict that, as in other areas, by “pushing the envelope” on the expedited removal statute, the Trump Administration will eventually force the Federal Courts, including the Supreme Court, to find it unconstitutional at least in some applications.

The Administration would be smarter to go about Immigration Court docket reduction by limiting new enforcement actions to recent arrivals and those who have engaged in activities that endanger the public health and safety, similar to what the Obama Administration did. This should be combined with a realistic legalization proposal and return to a robust use of prosecutorial discretion (“PD”) that would remove many of the older, nonprioty cases from the docket.

Eliminating rights, “fudging” due process, and pretending like judicial and quasi-judicial resources are infinitely expandable will not solve the problem in the long run. It’s time for some “smart” immigration enforcement and action to reform the Immigration Courts into an independent court system. But, I’d ever accuse the Trump Administration of being “smart,” particularly in the area of immigration policy.

PWS

10-19-17

 

Related posts:

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  3. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  4. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
Posted on October 19, 2017Author Jennings12@aol.comCategories "Rocket Docket", 3rd Circuit, ACLU, Administrative Closing ("AC"), AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, Article I Court, Article I Immigration Court, Asylum, Backlogs, Border Enforcement, Castro v. DHS, Civil Rights, Congress, Convention Against Torture, Courts, Credible Fear, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Due Process, Enforcement, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Expedited Removal, Family Immigration, Federal Bar Association, Federal Employees, Fifth Amendment, GOP, Government Accountability Office ("GAO"), Hispanics, History, Human Rights, Immigration & Customs Enforcement ("ICE"), Immigration Courts, IMMIGRATION COURTS Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges -- June 2-17, Immigration Reform, Interior Enforcement, Jeff Sessions, Judicial Review, Latinos, Lawful Permanent Resident ("Green Card Holder"), Legal Immigration, Legislation, Litigation, Migration, National Security, Nationalism, Nolan Rappaport, Obama Administration, Paul Wickham Schmidt, Persecution, Political Correctness, Politics, Populism, President Donald Trump, Pro Bono Representation, Prosecutorial Discretion, Public Safety, Racism, Removals, Representation, Stephen Miller, Steve Bannon, Supreme Court, The Hill, The Swamp, Torture, Travel Ban 2.0, Travel Ban 3.0, Trump Administration, Trump Cabinet🤡, U.N. Convention and Protocol on Refugees, U.S. Constitution, Undocumented Individuals, UNHCR, United Nations, Women, Women's RightsTags Aimless Docket Reshuffling, Article I Immigration Court, Castro v. DHS, Congress, DHS, Donald Trump, Due Process, Executive Order, Expedited Removal, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, National Security, Nationalism, Nolan Rappaport, Paul Wickham Schmidt, politics, President Trump, Refugees, Supreme Court, TRO, Trump Administration, U.S. Department of Justice, US Constitution7 Comments on THE HILL: N. Rappaport Believes That Expedited Removal Is the Key To Reducing The Immigration Court Backlog

GONZO’S WORLD: DEHUMANIZING IMMIGRANTS BRINGS BACK DREDD SCOTT!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/10/the_justice_department_s_radical_new_anti_abortion_stance_echoes_dred_scott.html

Mark Joseph Stern and Perry Grossman report for Slate:

“JURISPRUDENCE
THE LAW, LAWYERS, AND THE COURT.OCT. 19 2017 6:32 PM
Trump’s Dred Scott
In a case about the abortion rights of undocumented minors, the Department of Justice evokes the worst Supreme Court decision of all time.

By Perry Grossman and Mark Joseph Stern
Jeff Sessions and Roger B. Taney
Attorney General Jeff Sessions, left, and Chief Justice Roger B. Taney
Saul Loeb/Getty Images and Library of Congress

Throughout his presidential campaign, Donald Trump maligned undocumented immigrants as violent criminals and sexual predators who deserved to be rounded up and deported. Once in office, Trump transformed this rhetoric into policy, implementing a nationwide crackdown on immigrant communities. Now, the president’s dehumanizing disparagement of undocumented people has now seeped into his administration’s legal positions. This week, the Department of Justice is arguing in court that undocumented, unaccompanied minors have no right to abortions—and that undocumented immigrants may have no constitutional rights at all. This argument does not only contravene Supreme Court precedent. It also draws upon an inhuman notion of constitutional liberty most notoriously espoused in Dred Scott v. Sandford.

The Justice Department’s radical new theory arose out of a disturbing case in Texas that revolves around a 17-year-old referred to as Jane Doe in court filings. Doe arrived in the United States several months ago, unaccompanied by her parents and lacking documentation. She was placed in a federally funded Texas shelter, at which point she learned she was pregnant. Doe requested an abortion, but under state law, minors cannot receive the procedure without either parental consent or judicial approval. So Doe obtained what’s known as a judicial bypass and asked permission to attend a state-mandated counseling session before undergoing the procedure.

Her shelter refused to allow her to attend that counseling session, citing federal regulations promulgated by the Office of Refugee Resettlement, a wing of the Department of Health and Human Services. In March, ORR announced that federally funded shelters could not take “any action that facilitates” abortion for unaccompanied minors, including “scheduling appointments, transportation, or other arrangement,” without “direction and approval” from Scott Lloyd, the agency’s director. A Trump appointee and longtime anti-abortion activist, Lloyd has refused to allow minors to access abortion services. Instead, he has directed shelters to take these women to “crisis pregnancy centers,” which “counsel” them not to get abortions. At least once, Lloyd himself called a pregnant minor to talk her out of terminating her pregnancy. If a minor still wants to get an abortion after navigating these obstacles, ORR instructs its shelters to block her from attending her appointment.

Doe’s shelter followed these guidelines, taking her to a crisis pregnancy center and calling her mother to tell her Doe was pregnant. But Doe persisted, and in October, her court-appointed attorneys filed suit along with the American Civil Liberties Union in a federal district court in Washington, where ORR is headquartered. Doe argues that ORR’s rules violate her constitutional rights by placing an undue burden on her access to abortion.

On Wednesday, U.S. District Judge Tanya Chutkan held a hearing in the case. While defending the government, Department of Justice attorney Scott Stewart strongly implied that undocumented women do not have a right to abortion. Here, Stewart was echoing an amicus brief filed by the Texas attorney general’s office, which proclaimed that “unlawfully present aliens” living in the United States have no constitutional right to abortion access. Chutkan then asked Stewart whether Doe has any constitutional rights; Stewart declined to make that “concession.”

Chutkan ruled against the government and issued a temporary restraining order guaranteeing Doe the ability to terminate her pregnancy. (She is currently 15 weeks pregnant, and abortion is illegal after 20 weeks in Texas.) The DOJ appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which will hear arguments in the case on Friday morning. In its motion, the agency argued that the government’s “interest in promoting fetal life and childbirth over abortion” justified its refusal to let a minor go to an abortion clinic. It also claimed that, even if undocumented minors have a constitutional right to abortion care, the administration was not unduly burdening that right, because minors who want to terminate their pregnancies can leave the country. This argument is merely another way of stating that women like Doe have no right to an abortion in the United States.

By excluding undocumented immigrants from the protections of Planned Parenthood v. Casey, the Trump administration is essentially asserting that they do not qualify as “person[s]” under the Due Process Clauses of the Fifth and 14th Amendments. The Supreme Court has ruled that the liberty component of the Due Process Clause protects a woman’s right to terminate her pregnancy without a substantial obstacle. If arbitrary regulations that severely burden clinics qualify as such an unconstitutional obstacle, as the Supreme Court has held, then surely self-deportation does as well. Thus, the sole plausible interpretation of the DOJ’s posture is that the Due Process Clause does not protect undocumented women like Doe. Put simply, undocumented women are not people for constitutional purposes.

If the government can force Doe to carry her pregnancy to term, what can’t it do?
This theory parallels the Supreme Court’s most infamous ruling. Dred Scott was a black man born into slavery who moved with his “master” from a slave state to a free state. Upon his master’s death, Scott sued for his freedom. In 1857, Chief Justice Roger B. Taney—a virulent racist whose statue was removed from the grounds of the Maryland State House in August—wrote an opinion dismissing Scott’s suit. Taney held that black people were not “persons” based on the language of the Constitution and that Scott, as a black man, therefore had no right to sue in the federal courts. Black men, Taney wrote, were “so far inferior” to whites that they had “no rights which the white man was bound to respect.”

Following the Civil War, Dred Scott was overturned by the 13th and 14th Amendments. These amendments ensured that everyone born in the United States would be a citizen. They also granted all “person[s]”—not just citizens—due process and equal protection under the law. Trump has already raised the specter of Dred Scott through his call to end birthright citizenship, the constitutional command that lay at the heart of the Civil War amendments. Now his administration is invoking the decision again in its attempt to deprive undocumented immigrants of their personhood under the Constitution.

The government has rarely alleged that undocumented immigrants may be deprived of rights protected by the liberty component of due process, what’s also known as “substantive” due process. Its few attempts have been unsuccessful. In 2003, the Bush administration argued that substantive due process does not apply to immigrants who reside in the country illegally. The 6th U.S. Circuit Court of Appeals, sitting en banc, emphatically rejected this claim, explaining

If excludable aliens were not protected by even the substantive component of constitutional due process, as the government appears to argue, we do not see why the United States government could not torture or summarily execute them. … [W]e do not believe that our Constitution could permit persons living in the United States—whether they can be admitted for permanent residence or not—to be subjected to any government action without limit.
Perhaps recognizing the extremism of its argument, the Trump administration has left open the possibility that undocumented immigrants are entitled to some unspecified “minimal standards” of constitutional protection. But if those minimal standards don’t include the basic right to bodily autonomy, then the 6th Circuit’s query still stands. If the government can force Doe to carry her pregnancy to term against her will, what can’t it do? The administration’s attempt to exert complete control over Doe’s reproductive system is a straightforward deprivation of constitutional liberty that opens the door to equally egregious future abuses.

On Friday morning, the Justice Department will return to court once more to argue, in effect, that Jane Doe is not a “person” worthy of due process protections. It might as well cite Dred Scott for the proposition that the government may strip undocumented immigrants of their constitutionally protected liberty. The 14th Amendment was designed to end such capricious discrimination against individuals living in the United States. But to the Trump administration, immigrants like Doe aren’t even people—just possessions of the state, awaiting deportation.”

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

Just when you think that Gonzo Apocalypto can’t sink any lower, he manages to achieve new depths!

Sen. Liz Warren was right!

PWS

10-19-17

Related posts:

  1. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
  2. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  3. HISTORICAL PERSPECTIVE: CLYDE W. FORD @ LA TIMES: “Opinion: The immigration crisis and the racism driving it have roots in Hitler’s ‘bible’”
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
Posted on October 19, 2017Author Jennings12@aol.comCategories "Send In The Clowns"🤡, "The Creature from the Black Lagoon", 14th Amendment, 6th Circuit, African Americans, Alabama, Bigotry, Black Americans, Border Enforcement, Bush II Administration, Children, Civil Rights, Civil Rights Division, Civil War, Clowns, Courts, Department of Homeland Security, Department of Justice, Detention, Dred Scott Case, Due Process, El Salvador, Enforcement, Equal Protection, Ethics, Executive Orders, Family Immigration, Federal Employees, Fifth Amendment, GOP, Guatemala, Health, Health Care, Hispanics, History, Honduras, Human Rights, Immigration & Customs Enforcement ("ICE"), Interior Enforcement, Jeff Sessions, Jim Crow Laws, Judicial Review, Ken Paxton, Latinos, Legal Immigration, Liability of Government Officials, Litigation, Mark Joseph Stern, Migration, Nationalism, Northern Triangle, Obama Administration, Office of Immigration Litigation ("OIL"), Paul Wickham Schmidt, Perry Grossman, Persecution, Political Correctness, Politics, Populism, President Donald Trump, Pro Bono Representation, Racism, Refugees, Removals, Representation, Sanctuary Cities, Slate, Solicitor General, Stephen Miller, Steve Bannon, Supreme Court, Texas, The Swamp, Trump Administration, Trump Cabinet🤡, U.S. Constitution, Undocumented Individuals, Washington, D.C., Women, Women's RightsTags Abortion, DHS, Donald Trump, Dredd Scott Case, Due Process, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Mark Joseph Stern, National Security, Paul Wickham Schmidt, Perry Grossman, politics, President Trump, Racism, Slate, Stephen Miller, Steve Bannon, Supreme Court, Trump Administration, U.S. Department of Justice, US Constitution, White Nationalism

GONZO’S WORLD: THE “KING OF OBFUSCATION” “STONEWALLS” THE US SENATE! — “He Don’t Know Nothin’ ‘Bout Nothin’” — But He Can’t Tell You Why He Can’t Talk About Why He Doesn’t Know! — And, He Bristles With Righteous Indignation If Anyone Accuses Him Of Not Being Very Forthcoming!

What Jeff Sessions wouldn’t say was more revealing than what he did
How the Senate Judiciary Committee grilled Jeff Sessions
item.bylineText
BY JAMES HOHMANN
with Breanne Deppisch and Joanie Greve

THE BIG IDEA: Jeff Sessions was the personification of a hostile witness whenever a Democratic lawmaker questioned him during a contentious five-hour oversight hearing on Wednesday.

The attorney general set the tone early in his first appearance before the Senate Judiciary Committee since his January confirmation. “I can neither assert executive privilege nor can I disclose today the content of my confidential conversations with the president,” Sessions said in his opening statement.

There were several yes-or-no questions that should have been easy for Sessions to answer, but he refused. Sometimes what someone will not say is more interesting than what they do.

THE SPECIAL COUNSEL:

— Sessions said he has not been interviewed by special counsel Robert S. Mueller III. But has his team requested an interview? “I don’t think so,” the attorney general told Sen. Richard Blumenthal (D-Conn.), reflecting the cautiousness he showed all day. “I don’t know … I don’t want to come in here and be trapped. … I will check and let you know.” Later, Sessions announced: “My staff handed me a note that I have not been asked for an interview at this point.”

— The attorney general declined to express personal confidence in Mueller, a former FBI director: “I think he will produce the work in a way he thinks is correct and history will judge,” Sessions said.

— He also declined to say whether he would resign if President Trump tried to fire Mueller. Sessions said getting rid of Mueller would be up to Deputy Attorney General Rod Rosenstein because he has recused himself. (Rosenstein was interviewed by Mueller’s team this summer.)

Sessions says he can’t disclose ‘confidential conversations’ with Trump

“THE CLOUD”:

— Sessions declined to discuss anything the president told him before firing James Comey. He pointedly refused to answer multiple questions about whether Trump told him that getting rid of the FBI director would “lift the cloud” of the Russia investigation. “I do not confirm or deny the existence of any communication with the president,” Sessions replied. Yet he didn’t hesitate to defend the president’s dubious rationale for axing Comey, which was the former FBI director’s alleged mishandling of the Hillary Clinton email investigation.

— If Trump hadn’t mentioned “the cloud,” why not just say so? In sworn testimony this June, Comey recounted a phone call he received from Trump at the FBI on March 30: “He described the Russia investigation as ‘a cloud’ that was impairing his ability to act on behalf of the country. He said he had nothing to do with Russia, had not been involved with hookers in Russia, and had always assumed he was being recorded when in Russia. He asked what we could do to ‘lift the cloud.’ … He finished by stressing ‘the cloud’ was interfering with his ability to make deals for the country and said he hoped I could find a way to get out that he wasn’t being investigated.”

Trump called again on April 11 to ask for an update on when Comey was going to announce publicly that he was not personally under investigation. “I replied that I had passed his request to the Acting Deputy Attorney General, but I had not heard back,” the former FBI director said. “He replied that ‘the cloud’ was getting in the way of his ability to do his job. … That was the last time I spoke with President Trump.”

— Sessions also would not say whether he was aware of Trump’s draft letter detailing some of the real reasons that he wanted to remove Comey, which Mueller has been reviewing.

Donald Trump and Joe Arpaio campaign together in Iowa last year. (Mary Altaffer/Associated Press)

Donald Trump and Joe Arpaio campaign together in Iowa last year. (Mary Altaffer/Associated Press)

PARDONS:

— Can the president pardon someone under investigation by Mueller before they’ve been charged? “Well, the pardon power is quite broad,” Sessions replied. “I have not studied it. I don’t know whether that would be appropriate or not, frankly.” Pressed further, he added later: “My understanding is a pardon can be issued before a conviction has occurred.” (He said that he’d like to reply with more detail in writing. That was one of his go-to lines throughout the day, though Democrats have complained for months that the Justice Department doesn’t respond to their letters.)

— Could the president pardon himself? Sessions again said he hadn’t studied the issue.

— Did Trump discuss pardoning Arizona sheriff Joe Arpaio with Sessions before he announced it? “I cannot comment on the private conversations I’ve had with the president,” he replied.

— What was the process that led to Arpaio’s pardon? “I don’t know that I remember or I know it precisely,” Sessions dodged.

Sessions: ‘I don’t know that I can make a blanket commitment’ to not jail reporters

JAILING REPORTERS:

— Will he commit to not putting reporters in jail for doing their jobs? “Well, I don’t know that I can make a blanket commitment to that effect,” Sessions replied to Sen. Amy Klobuchar (D-Minn.). “But I would say this: We have not taken any aggressive action against the media at this point. But we have matters that involve the most serious national security issues, that put our country at risk, and we will utilize the authorities that we have, legally and constitutionally, if we have to.”

Durbin slams Sessions for wanting safer cities, withholding police grants

LGBT DISCRIMINATION:

— Two weeks ago, Sessions sent a memo to all federal agencies on “protections for religious liberty.” Sen. Dick Durbin (D-Ill.) asked about it: “Could a Social Security Administration employee refuse to accept or process spousal or survivor benefits paperwork for a surviving same-sex spouse?”

After four seconds of silence, Sessions replied: “That is something I have never thought would arise, but I would have to give you a written answer to that, if you don’t mind.”

Durbin followed up: Would the guidance Sessions released permit a federal contractor to “refuse to provide services to LGBTQ people, including in emergencies, without risk of losing federal contracts?”

“I’m not sure that is covered by it,” Sessions said, “but I will look.”

“The questions were hardly out of left field — or unfamiliar to the Justice Department,” BuzzFeed notes, adding that the Justice Department has been declining to answer them for weeks.

— The evasiveness played out on a host of other policy questions:

Did Sessions talk with the Texas attorney general about DACA before convincing Trump to end the program? He said such a conversation, if it happened, would be tantamount to “work product” and thus privileged.

Is there any evidence to support Trump’s claim on Monday that the Cuban government was behind the sonic attacks on U.S. diplomats in Havana? “I’m just not able to comment,” Sessions replied.

— Democrats noted that Sessions, when he was a member of the committee, would never have tolerated one of Barack Obama’s appointees being so evasive.

— Republicans mostly rallied to Sessions’s defense. Sen. Chuck Grassley (R-Iowa), the chairman of the Judiciary Committee, noted that Eric Holder refused to turn over documents relating to the Fast and Furious program by asserting executive privilege. Though, Grassley added, “The American people have a right to know why (Comey) was fired.”

Jeff Sessions testifies. (Chip Somodevilla/Getty Images)

Jeff Sessions testifies. (Chip Somodevilla/Getty Images)

Sessions stumbles through questions about communicating with Russia

RUSSIA CONTACTS:

— The main headline out of the hearing is that the nation’s chief law enforcement officer is still getting his story straight on his interactions with the Russians: “Sessions offered a slightly new wrinkle Wednesday, asserting that he may have discussed Trump campaign policy positions in his 2016 conversations with (Ambassador Sergey) Kislyak,” Matt Zapotosky, Sari Horwitz and Devlin Barrett report. “The attorney general said it was ‘possible’ that ‘some comment was made about what Trump’s positions were,’ though he also said, ‘I don’t think there was any discussion about the details of the campaign.’ … The Post reported in July that Kislyak reported back to his superiors in the Kremlin that the two had discussed campaign-related matters, including policy issues important to Moscow. Sessions has previously said he did not ‘recall any specific political discussions’ …”

— Another significant admission: Sen. Ben Sasse (R-Neb.) asked whether the U.S. government is doing enough to prevent Russian interference in future elections. “We’re not,” Sessions responded.

— In the testiest exchange of the day, Sen. Al Franken (D-Minn.) sparred with Sessions over whether he told the truth during his confirmation hearing:

Al Franken Cross-Examines Jeff Sessions On Lying About Russian Meeting

HOW IT’S PLAYING:

— On the left:

  • Slate: “Jeff Sessions Is Using Phony Executive Privilege to Shield Trump, and GOP Senators Are Letting Him.”
  • Esquire: “Jeff Sessions Is Not Donald Trump’s Lawyer. And that suggestion could be a license for corruption.”
  • Mother Jones: “Justice Department Has Communicated With Controversial Election Commission, Sessions Confirms. The revelation fuels concerns over voter suppression efforts and could raise legal questions.”
  • The Nation: “Jeff Sessions Keeps Lying to the Senate. Sessions once claimed he never met with the Russians. Well, sorta, kinda, maybe. It depends…”
  • Los Angeles Times editorial page: “Trump and Sessions are still telling different stories about Comey.”

— On the right:

  • Daily Caller: “Sessions Admits The Wall Won’t Run Full Length Of The Border.”
  • Breitbart: “Sessions: ‘We’re Not’ Doing Enough to Prepare for Future Info Interference By Russia and Other Countries.”
  • Fox News: “Sessions tangles with Durbin over Chicago violence.”
  • Washington Examiner: “Sessions is confident Trump’s travel ban will win in Supreme Court.”
  • Washington Free Beacon: “Franken, Sessions Spar Over Time Restrictions During Russia Hearing: ‘No, No, No.’”

— All politics is local:

  • Texas Tribune: “Cruz presses Sessions on Trump administration’s ‘catch-and-release’ policy.”
  • KUTV (Salt Lake CBS affiliate): “Sen. Hatch makes the case for medicinal marijuana.”
  • The CT Mirror: “Sessions tells Blumenthal he’s had no contact from Mueller in Russia probe.”
  • VT Digger: “Sessions denies Leahy claim he misled about Russian meetings.”
  • WHYY (Delaware NPR affiliate): “Coons questions AG Sessions about Wilmington crime.”

Here’s a link to Hohmann’s complete rundown, which contains lots of other news beyond today’s “Gonzo Report:”

https://s2.washingtonpost.com/camp-rw/?e=amVubmluZ3MxMkBhb2wuY29t&s=59e886a9fe1ff6159ed350e0

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

Gonzo would have been a “perfect fit” in the Nixon Administration which gave birth to the term, “stonewalling!”

Let’s see, Gonzo’s “progressed” from saying under oath that he had no contact whatsoever with any Russians during the campaign, to later “clarifying” that he met with none other than the Russian Ambassador during the campaign (while at least implying that these meetings were in his capacity as a Senator, not a campaign official), to saying that he “may have discussed Trump campaign policy positions in his 2016 conversations with (Ambassador Sergey) Kislyak.” Gosh, that sounds to me like enough to sustain an “adverse credibility finding” in U.S. Immigration Court if said by an immigrant!

But, Gonzo says it’s all the fault of bullies like Sen. Al Franken for springing “trick” questions on him. After all, who would have thought that a major figure in the Trump Campaign (one of his earliest, most vocal, and proudest supporters) would be asked nasty questions about the Russia probe?

Gonzo basically refused to discuss the dark implications of his war on LGBTQ Americans, while allowing as how he might target reporters in the future (this Dude recently made speeches on the First Amendment?) if necessary to stop national security leaks.

And, on DACA, Tal Kopan reports for CNN:

“Attorney General Jeff Sessions told senators they have an “opportunity to do something historic” on immigration on Wednesday as he was pressed repeatedly on the administration’s move to terminate a popular protection for young undocumented immigrants.

“We have got to have more than just an amnesty,” Sessions said in his opening remarks. “We need a good improvement in the illegality that’s going on, and there is an opportunity right now, I’m telling you, an opportunity to do something historic.”

Despite multiple follow-ups, Sessions did not diverge much from the remarks, repeatedly telling lawmakers the future of the Deferred Action for Childhood Arrivals program was in their hands.

Testifying before the Senate judiciary committee, the longtime immigration hardliner was asked by senators from both parties about the administration’s plans for DACA, which President Donald Trump has opted to end, citing Sessions’ recommendation.

. . . .

Sessions did not lay out details of what the administration may want to do for the Obama-era program, which protects young undocumented immigrants brought to the US as children from deportation. Sessions has long railed against the program and once again expressed his belief that the executive action was unconstitutional.

Illinois Democratic Sen. Dick Durbin, though, who has pursued legislation that would offer DACA-like protections for nearly two decades, pressed Sessions on how he could recommend to Trump that the program is unconstitutional and would be found the same in the courts when the Justice Department still maintains a 2014 Office of Legal Counsel memo on its website that found DACA would be constitutional.

“I believe this is accurate, that the so-called approval of DACA by OLC, Office of Legal Counsel, was based on the caveat or the requirement that any action that’s taken be done on an individual basis,” Sessions said, then appeared to mix up court precedent on the issue.

Sessions said a court had struck down the program because individual decisions were not made, but was seemingly referring to a decision made about an expansion of the program to parents. Courts have not found DACA to be unconstitutional to date. 

Durbin noted that each DACA applicant is evaluated individually. All go through background checks before receiving the two-year permits.

Growing frustrated at Session’s answers, Durbin referenced his former colleague’s past on the other side of the dais. “I believe this is just about the moment that Sen. Sessions would have blown up,” Durbin said. 

Later in the hearing, Hawaii Democratic Sen. Mazie Hirono, also a lawyer, asked Sessions if he considered any due process or “bait and switch” issues in recommending the program be ended, since DACA recipients willingly gave the Department of Homeland Security their information in exchange for protection when the program was created. Sessions said he didn’t believe it was discussed.

“It’s a valid issue,” Sessions said. “You’re right to raise it.”

But when Hirono pressed Sessions on what might happen to the individuals covered under the program if it ends in six months, Sessions deflected.

“The answer to that is in your hands,” he said. “Congress has the ability to deal with this problem in any number of ways.” He reiterated he did not support “simply an amnesty” without additional anti-illegal immigration measures, but said “if we work together, something can be done on that.”

Here’s the link to Tal’s report:

http://www.cnn.com/2017/10/18/politics/jeff-sessions-hearing-daca-remarks/index.html

In other words, Sessions continued to assert his conclusory, essentially “law free” position that DACA is unconstitutional. He didn’t even know which case he was wtalking about (and it’s not that he didn’t have any idea that Durbin and others were going to quiz him on DACA). At the same time, he can’t bring himself to acknowledge that the DACA young people have been a great boon to the US and to our economy and that they deserve a path to citizenship. Indeed, if Gonzo had his way and the “Dreamers” were actually removed from the US, it would actually “TANK” our economy by reducing our GNP by nearly one-half trillion dollars! See CNBC, John W. Schoen, “DACA deportations could cost US economy more than $400 billion,” available at this link:

https://www.cnbc.com/2017/09/05/daca-deportations-could-cost-us-economy-more-than-400-billion.html

And, Gonzo goes on to press his absurd demand that any relief from “Dreamers” be “offset” by  Trump’s “off the wall” immigration restrictionist program. Dreamers are contributing over $400 billion to our GNP, so what’s there to “offset?” We should be happy to have them as permanent members of our society.

No, the real problem here is that the Dreamers and their families (who also are contributing to our society and economy) should have been screened and admitted through our legal immigration system. The solution isn’t to extract a “penalty” from the Dreamers, but rather to expand our legal immigration system so that future Dreamers and their hard-working productive families can be properly screened and legally admitted into the United States in the first place!

That Gonzo, others in the Administration, and the “restrictionist wing” of the GOP keep pushing in exactly the opposite direction is truly reprehensible. The real  “national debate” that we should be having on immigration is how to get Dreamers and other law-abiding undocumented residents on a track to full integration into our society, how many MORE legal immigrants we should admit each year, and how we should select them to achieve the most both for our country’s future and for those vibrant, hard-working, and much-needed future immigrants that we should be attracting! Legal immigration is a good thing, to be valued and welcomed! It’s NOT something to be feared and restricted as Gonzo and his cronies would have us believe! And, by converting most of the flow of “undocumented migrants” into “legal immigrants” we would reduce the need for DHS enforcement directed at the immigrant community. Those resources could be redirected at removing the “real bad guys.”

 

PWS

10-19-17

Related posts:

  1. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?
  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. WASHINGTON POST EDITORIAL RIPS TRUMP/SESSIONS “GONZO” IMMIGRATION AGENDA AS “ANTI-AMERICAN!”– White Nationalist Inspired Restrictionism Is Suppressing The Real Dialogue We Should Be Having!
  4. Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”
Posted on October 19, 2017October 19, 2017Author Jennings12@aol.comCategories Children, Civil Rights, Civil Rights Division, CNBC, CNN, Comey Firing, Congress, Courts, DACA, DAPA, Department of Homeland Security, Department of Justice, Dreamers, Due Process, Economics, Enforcement, Ethics, Executive Orders, Family Immigration, FBI, FBI Director James Comey, Federal Employees, Foreign Policy, Hispanics, History, Homophobia, Hope Act, Human Rights, Illinois, Interior Enforcement, James Hohmann, Jeff Sessions, Jobs, John W. Schoen, Latinos, Legal Immigration, Legislation, LGBT, Mexico, Migration, National Security, Nationalism, Obama Administration, President Donald Trump, Public Safety, Removals, Robert Mueller, Special Counsel, Rod J. Rosenstein, Russia, Russia Investigation, Russians, Sen. Al Franken (D-MN), Sen. Pat Leahy (D-VT), Senate Democrats, Senate GOP, Senator Charles Grassley (R-IA), Senator Dick Durbin (D-IL), Senator Dick Durbin (D-IL), Stephen Miller, Steve Bannon, Succeed Act, Tal Kopan, Texas, The Economy, The Swamp, The Wall, Transgender, Travel Ban 3.0, Trump Administration, U.S. Constitution, Undocumented Individuals, Vladimir Putin, Washington Post, Women, Women's RightsTags CNBC, CNN, Congress, DACA, DHS, Donald Trump, Dreamers, Due Process, Executive Order, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, James Hohmann, Jeff Sessions, John W. Schoen, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Racism, Refugees, Russia Investigation, Russian Ambassador, Stephen Miller, Steve Bannon, Tal Kopan, Trump Administration, U.S. Department of Justice, Washington Post

THE ASYLUMIST, JASON DZUBOW ON GONZO’S “WAR ON ASYLUM APPLICANTS & DUE PROCESS” – “His maliciousness is exacerbated by his incompetence.”

http://www.asylumist.com/2017/10/17/the-attorney-generals-jaundiced-and-inaccurate-view-of-asylum/

Jason writes:

“The Attorney General’s Jaundiced–and Inaccurate–View of Asylum

by JASON DZUBOW on OCTOBER 17, 2017

In a speech last week to the Executive Office for Immigration Review (the office that administers the nation’s immigration courts and the Board of Immigration Appeals), Attorney General and living Confederate Civil War monument, Jefferson Beauregard Sessions, set out his views on the asylum system, asylum seekers, and immigration attorneys.

Jeff Sessions speaks to an audience at the Executive Office for Immigration Review.

Sad to say, Mr. Sessions described the asylum system in largely negative terms, and said not a word about the benefits that our country derives from offering asylum.

While he views our asylum policy as “generous,” and designed to “protect those who, through no fault of their own, cannot co-exist in their home country no matter where they go because of persecution based on fundamental things like their religion or nationality,” Mr. Sessions feels that our generosity is being “abused” and that “smart attorneys have exploited loopholes in the law, court rulings, and lack of resources to substantially undermine the intent of Congress.”

Mr. Sessions also lambasts “dirty immigration lawyers who are encouraging their otherwise unlawfully present clients to make false claims of asylum providing them with the magic words needed to trigger the credible fear process.”

Indeed, Mr. Sessions believes that our asylum system is “subject to rampant abuse and fraud.” Because the system is “overloaded with fake claims, it cannot deal effectively with just claims.”

First, it’s quite sad that our nation’s chief law enforcement officer would have such a jaundiced view of asylum. The idea that asylum is merely a generous benefit we offer to refugees, and that we receive nothing in return, is simply false. I’ve written about this point before, but it bears repeating. Asylum was created during the Cold War as a tool against the Soviet Union. We offered refuge to people fleeing Communism, and each person who defected to the West served as a testament to our system’s superiority over our adversary.

Now that the Cold War has ended, asylum still serves our strategic interests. It demonstrates our commitment to those who support and work for the values we believe in. It is tangible evidence that America stands with our friends. It gives our allies confidence that we will not let them down when times become tough. It shows that our foundational principles–free speech, religious liberty, equality, rule of law–are not empty words, but are ideals we actually stand behind.

And of course, there are the asylees themselves, who contribute to our country with their energy, enthusiasm, and patriotism, often born of their experience living in places that are not safe, and that are not free.

None of this came up during Mr. Sessions’s talk. Perhaps he does not know how our nation has benefited from the asylum system. Or maybe he doesn’t care. Or–what I suspect–he views asylum seekers as a threat to our security and a challenge to our country’s (Christian and Caucasian) culture.

The shame of it is that Mr. Sessions is demonstrably wrong on several points, and so possibly he reached his conclusions about asylum based on incorrect information.

The most obvious error is his claims that “dirty immigration lawyers… are encouraging their otherwise unlawfully present clients to make false claims of asylum providing them with the magic words needed to trigger the credible fear process.” Aliens who are “unlawfully present” in the U.S. are not subject to the credible fear process. That process is generally reserved for aliens arriving at the border who ask for asylum. Such applicants undergo a credible fear interview, which is an initial evaluation of eligibility for asylum. While this may be a technical point, Mr. Sessions raised the issue in a talk to EOIR, and so his audience presumably understands how the system works. That Mr. Sessions would make such a basic mistake in a speech to people who know better, demonstrates his ignorance of the subject matter (or at least the ignorance of his speech writers), and casts doubt on his over-all understanding of the asylum system.

Mr. Sessions also says that our asylum system is “overloaded with fake claims.” But how does he know this? And what exactly is a fake claim? In recent years, something like 40 to 50% of asylum cases have been granted. Are all those adjudicators being fooled? And what about denied cases? Are they all worthy of denial? There is, of course, anecdotal evidence of fraud—and in his talk, Mr. Sessions cites a few examples of “dirty” attorneys and applicants. But a few anecdotes does not compel a conclusion that the entire system is “subject to rampant abuse and fraud.” I can point to anecdotes as well. I’ve seen cases granted that I suspected were false, but I’ve also seen cases denied that were pretty clearly grant-worthy. While I do think we need to remain vigilant for fraud, I have not seen evidence to support the type of wide-spread fraud referenced by the Attorney General.

Finally, Mr. Sessions opines that “smart attorneys have exploited loopholes in the law, court rulings, and lack of resources to substantially undermine the intent of Congress.” So court rulings undermine the intent of Congress? Any attorney who makes such a statement casts doubt on that lawyer’s competence and devotion to the rule of law, but when the Attorney General says it, we have real cause for concern. Thousands of federal court rulings—including from the U.S. Supreme Court—have interpreted our nation’s immigration laws (and all our other laws too). That is what courts do, and that is how the intent of Congress is interpreted and implemented in real-world situations. Attorneys who rely on court decisions are not “exploit[ing] loopholes in the law,” we are following the law.

These are all pretty basic points, and it strikes me that when it comes to asylum, Mr. Sessions doesn’t get it. He seems not to understand the role of Congress, the courts, and lawyers in the asylum process. And he certainly doesn’t understand the benefits our country receives from the asylum system.

I’ve often said that President Trump’s maliciousness is tempered by his incompetence. With Attorney General Sessions, it is the opposite: His maliciousness is exacerbated by his incompetence. And I fear that asylum seekers–and our country’s devotion to the rule of law–will suffer because of it.”

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

Yup, sure got this one pegged right, Jason! “Maliciousness and incompetence” seem to be two of the key requirements for political appointees in the Trump Administration. I’ve pointed out before that Sessions demonstrates little legal knowledge — his memos, which disingenuously claim to be “law not policy,” are in fact almost pure policy largely devoid of legal reasoning.

Gonzo obviously arrived at the DOJ with a briefcase full of homophobic, xenophobic, White Nationalist memos already “pre-drafted” for him by folks like Stephen Miller, Steve Bannon, the Heritage Foundation, the Family Research Council and restrictionist immigration groups. In addition to lack of legal knowledge and basic honesty (his explanation today to Senator Franken about how his “Russia lie” during confirmation didn’t pass the “straight face” test), Sessions shows no visible signs of compassion, humanity, understanding of other viewpoints, fairness, or objectivity. He consistently smears immigrants (and by extension the entire Hispanic community), denies their achievements and contributions to America, and, like any bully, picks on the already limited rights of the most vulnerable in our community, gays, children, women, and asylum seekers.

Sessions doesn’t understand asylum because he makes no attempt to understand it.  He merely approaches it from a position of bias, fear, and loathing.

PWS

10-18-17

 

 

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!
Posted on October 18, 2017October 18, 2017Author Jennings12@aol.comCategories "Rocket Docket", "Send In The Clowns"🤡, "Sheriff Joe" Arpaio, 9-11, Administrative Closing ("AC"), Alabama, AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, Article I Immigration Court, Asylum, Backlogs, Bigotry, Board of Immigration Appeals ("BIA"), Border Enforcement, Children, Civil Rights, Civil War, Clowns, Congress, Convention Against Torture, Courts, Credible Fear, DACA, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Dignity for Detained Immigrants Act, Dreamers, Due Process, El Salvador, Enforcement, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Expedited Removal, Family Immigration, Federal Employees, Fifth Amendment, Government Accountability Office ("GAO"), Guatemala, Hate Crime, History, Homophobia, Homophobia, Honduras, Human Rights, Human Rights First, Human Rights Watch, Human Trafficking, Immigration & Customs Enforcement ("ICE"), Immigration Courts, IMMIGRATION COURTS Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges -- June 2-17, Interior Enforcement, Jason Dzubow, Jeff Sessions, Jim Crow Laws, Judicial Review, Judicial Selection, Legislation, LGBT, Liability of Government Officials, Litigation, Migration, National Security, Nationalism, Northern Triangle, Paul Wickham Schmidt, Persecution, Politics, President Donald Trump, Private Detention Industry, Pro Bono Representation, Prosecutorial Discretion, Public Safety, Racism, Refugees, Removals, Report of the Subcommittee on Privatized Immigration Detention Facilities, Representation, Stephen Miller, Steve Bannon, The Asylumist, The Swamp, Torture, Transgender, Trump Administration, Trump Cabinet🤡, U.N. Convention and Protocol on Refugees, U.S. Constitution, UNHCR, United Nations, Vetting, Women, Women's RightsTags Asylum, BIA, Congress, DHS, Donald Trump, Due Process, Executive Order, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jason Dzubow, Jeff Sessions, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Racism, Refugees, Sanctuary Cities, Stephen Miller, Steve Bannon, The Asylumist, Trump Administration, U.S. Department of Justice3 Comments on THE ASYLUMIST, JASON DZUBOW ON GONZO’S “WAR ON ASYLUM APPLICANTS & DUE PROCESS” – “His maliciousness is exacerbated by his incompetence.”

AMERICAN GULAG! – NEW “SHORT” (14 Min.) FROM BRAVE NEW FILMS – “IMMIGRANT PRISONS” – TELLS SHOCKING STORIES OF SEXUAL ABUSE, DEHUMANIZATION, SLAVE LABOR, DENIAL OF MEDICAL CARE, AND DEATH IMPOSED ON CIVIL IMMIGRATION DETAINEES BY OUR GOVERNMENT! — Their Only “Crime” Is Asking America To Make Good On Our False Promise Of “Equal Justice For All!” — Jeff “Gonzo Apocalypto” Sessions & DHS Are Using This System To Destroy Due Process In U.S. Immigration Courts!

https://www.thenation.com/article/a-look-inside-our-abusive-immigrant-prisons/

HERE’S THE VIDEO:

https://www.youtube.com/watch?v=jjsVmKAXCBs#action=share

FROM THE NATION :

“A Look Inside Our Abusive Immigrant Prisons

Each year, the US government locks up roughly 440,000 immigrants in over 200 immigrant prisons.

By Robert Greenwald

TODAY 9:30 AM

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Sign up for The Nation Daily.

Few Americans know about our nation’s system of immigrant detention centers. Each year, the US government locks up roughly 440,000 immigrants in over 200 immigrant prisons. These facilities have grown into a highly privatized, lucrative, and abusive industry that profits off the misery of immigrants awaiting deportation.

Here at Brave New Films, we’re doing everything we can to expose the abuses of the deportation-industrial complex. In our new film, Immigrant Prisons, we explore conditions inside the detention centers, exposing substandard medical care, widespread physical and sexual abuse, virtual slave-labor working conditions and more. These abuses happen behind closed doors with little to no oversight.

Our film, created in partnership with advocates for detainee rights, is shining a light on a particularly dark corner of the American justice system. Watch now and share with friends.

It’s important to remember that immigration detention is a civil form of confinement. “This is not criminal custody, this is not someone who’s been convicted of a crime,” says attorney James Fife of the Federal Defenders of San Diego. “This is just someone who’s being held for the government’s convenience so that the person’s available” for processing, said Fife.

IMMIGRATION

The Nation
ICE’S CAPTIVE IMMIGRANT LABOR FORCE

Michelle Chen

Unlike with criminals who have been convicted of a crime, there’s no time limit on how long people can be held at immigration detention centers. It’s hard to believe, but immigrants can be locked up indefinitely without a criminal offense or bond hearing. In the film we highlight the case of a Kenyan immigrant, Sylvester, who spent nine years and four months in immigration detention. Another immigrant describes her time in detention as being “like a legal kidnapping.”

Immigrant detention centers are overseen by US Immigration and Customs Enforcement, or ICE, a division of the Department of Homeland Security. Since ICE was created in 2003, there have been 177 confirmed deaths in detention centers. Medical neglect is the greatest contributing factor.

In the film, we speak with Gerard, a former detainee who almost died during his 11 months at a California facility. He was denied medical care for two weeks as a severe infection spread in his body. The private-facility managers kept ignoring his requests until it was nearly too late. Such medical neglect contributed to nearly half of all deaths in immigrant prisons.

Christina Fialho, the executive director of CIVIC and a leading advocate for detainee rights, says that “denial of medical care at immigration-detention facilities is routine.” This substandard medical care is often accompanied by substandard food, unsanitary water, and generally unhygienic living conditions.

Fialho says that immigrant-detention centers are also plagued by abuse. “Guards with little to no training are kicking, hitting, sexually assaulting people in immigration detention,” she says. Each year thousands of complaints alleging sexual and physical abuse and substandard medical care are filed with authorities, but very few cases are ever investigated.

Adding insult to injury, detainees at for-profit detention centers are often coerced into working for virtually no money. The for-profit companies that run the facilities have all the wrong incentives and a captive workforce at their disposal. The food they provide detainees is frequently so inadequate that detainees feel they have no choice but to work for $1 a day to buy additional food from the commissary, often at inflated prices. Fialho doesn’t mince words about this practice: “Detention centers are starving people into working in order to then cut staff salaries.”

The two largest private detention-center operators, CCA and Geo Group, got started in the 1980s. In fact, CCA’s very first contract was for locking up immigrants. In the past 20 years, the two companies have made over $12 billion in profits, largely from immigrant detention.

SUPPORT PROGRESSIVE JOURNALISM

If you like this article, please give today to help fund The Nation’s work.

Wrongful-death lawsuits and class-action lawsuits alleging forced labor have helped expose abuses at private immigrant prisons, but systemic reforms are needed. Stock in CCA and Geo Group slid after the Obama administration moved to end the use of private prisons by the federal government, but the stocks rocketed up after the 2016 election. President Trump, who received major contributions from the private-prison industry, reversed President Obama’s order on private prison use and has proposed a 25 percent increase in ICE’s budget.

Immigrant Prisons is our first film on the deportation industrial complex. In future films we’ll explore how private-prison companies promote policies and procedures that line their own pockets, and profile the individuals who are working to perpetuate our abusive immigration-enforcement system.

Unlike the private prison industry, we don’t have millions to spend on advertising and lobbying. But there is a powerful grassroots movement rising up in this country to take on abuses in our immigration system.

I hope you will join the movement and share Immigrant Prisons with your networks. You can also screen the film for free at schools, houses of worship, and community meetings for local media and elected officials through our Brave New Educators program. Together we can bring detained immigrants out from the darkness and provide them with the respect and dignity that we owe to all people.

We premiered the film last night in Santa Monica with our friends at The Young Turks. Cenk Uygur moderated a panel which included Pastor Noe who was recently released from an immigrant prison. If you or someone you know has a powerful story about immigrant prisons, please get in touch.

Robert GreenwaldRobert Greenwald, founder of Brave New Films, is a producer, director and political activist.”

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Shocking, disturbing, disgusting, infuriating, depressing — yes, this video is all of those things! Yet, incredibly, these are the “techniques” that our Government officials like Trump, Gen. Kelly, Jeff Sessions, Thomas Homan, Stephen Miller, and others use to discourage refugees from seeking legal protection under our laws and international agreements and to dissuade other immigrants, both legal and undocumented, from asserting their rights, including their right to be treated with Due Process of law under our Constitution. It’s part of the “don’t come to the US, don’t believe all that stuff about “beacon of freedom,” we’re just another “big ‘dressed up Banana Republic'” message that the White Nationalist restrictionists in the Administration and the GOP Congress are seeking to send.

Beyond that, these corrupt public officials are enriching their cronies in the so-called “private detention industry” with questionable contracts and access to what essentially is forced labor by the detainees. Do YOU really want to be part of this disgraceful and deceitful abuse of human rights?

PWS

10-18-17

 

Related posts:

  1. MICA ROSENBERG, READE LEVINSON, & RYAN McNEILL EXPOSE UNEQUAL JUSTICE & ABUSE OF VULNERABLE ASYLUM SEEKERS FROM “COURT” SYSTEM LACKING BASIC JUDICIAL INDEPENDENCE! Sessions’s Chilling Response: Speed Things Up, Establish Deportation Quotas, Strip Asylum Seekers Of Rights To Due Process, Eliminate Professional Judicial Training, & Aimlessly Throw More Inexperienced, Untrained Judges Into This Mess! – Will He Get Away With His Atrocious Plan To Make Immigration Courts The “Killing Floor?” — AN IN-DEPTH LOOK AT THE TRAVESTY OF JUSTICE UNFOLDING IN U.S. IMMIGRATION COURT ON A DAILY BASIS!
  2. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  3. DUE PROCESS DENIED! — NIJC REPORT FINDS THAT DHS DETENTION IN OBSCURE LOCATIONS DEPRIVES MIGRANTS OF MEANINGFUL ACCESS TO COUNSEL! — This Is What Happens When We Enable The “American Gulag!”
  4. NEW EOIR MEMO ENCOURAGES IMMIGRATION JUDGES TO DUMP ON UNACCOMPANIED CHILDREN (“UACS”) – “When In Doubt, Kick ‘em Out” New Motto Of Gonzo’s “Captive Courts!” — We’ve Come A Long Way From “Guaranteeing Fairness And Due Process For All” In A Short Time!
Posted on October 18, 2017October 18, 2017Author Jennings12@aol.comCategories "Rocket Docket", Acting ICE Director Thomas Homan, AMERICA’S REAL IMMIGRATION CRISIS: THE ATTACK ON DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS, Asylum, Bigotry, Board of Immigration Appeals ("BIA"), Border Enforcement, Brave New Films, Children, Civil Rights, Civil Rights Division, Congress, Convention Against Torture, Courts, Credible Fear, Department of Homeland Security, Department of Justice, Detainers, Detainers, Detention, Due Process, El Salvador, Ethics, Executive Office for Immigration Review ("EOIR'), Executive Orders, Federal Employees, Fifth Amendment, Gen. John Kelly, GOP, Government Accountability Office ("GAO"), Guatemala, History, Honduras, Human Rights, Human Rights First, Human Rights Watch, Human Trafficking, Immigrant Prisons, Immigration & Customs Enforcement ("ICE"), Immigration Courts, IMMIGRATION COURTS Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges -- June 2-17, Interior Enforcement, Jeff Sessions, Jim Crow Laws, Judicial Review, Liability of Government Officials, Litigation, Migration, National Security, Nationalism, Northern Triangle, Particular Social Group, Paul Wickham Schmidt, Political Asylum, Politics, Populism, President Donald Trump, Prison For Survivors, Private Detention Industry, Pro Bono Representation, Public Safety, Racism, Refugees, Representation, Robert Greenwald, Sanctuary Cities, Stephen Miller, Steve Bannon, The Nation, The Swamp, Torture, Trump Administration, U.N. Convention and Protocol on Refugees, U.S. Constitution, Undocumented Individuals, UNHCR, United Nations, Women, Women's Rights, Women’s Refugee CommissionTags Asylum, Brave New Films, Congress, DHS, DHS Secretary John Kelly, Donald Trump, Due Process, Executive Order, Human Rights Abuses, Immigrant Prisons, immigration, Immigration Court, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, National Security, Nationalism, Paul Wickham Schmidt, politics, President Trump, Private Detention Industry, Private Prisons, Racism, Refugees, Robert Greenwald, Stephen Miller, Steve Bannon, The Nation, Trump Administration, U.S. Department of Justice, Video

TAL KOPAN AT CNN: HOMAN PROMISES MORE DHS “GONZO” ENFORCEMENT AT WORKSITES!

http://www.cnn.com/2017/10/17/politics/ice-crackdown-workplaces/index.html

Tal reports:

“Washington (CNN)The administration’s top immigration enforcement official on Tuesday said his agency will vastly step up crackdowns on employers who hire undocumented immigrants — a new front in President Donald Trump’s hardline immigration agenda.

Acting Immigration and Customs Enforcement (ICE) Director Tom Homan spoke at the conservative Heritage Foundation and was asked whether his agency would do more to target not just undocumented workers, but their places of work.
Homan said he has instructed Homeland Security Investigations (HSI), the investigative unit of ICE, to potentially quintuple worksite enforcement actions next year.
He said he recently asked HSI to audit how much of their time is spent on work site enforcement, and said he has ordered that to increase “by four to five times.”
“We’ve already increased the number of inspections in work site operations, you will see that significantly increase this next fiscal year,” Homan promised, saying the goal is to remove the “magnet” drawing people to enter the US illegally.
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DHS explores ways to transform immigration system without Congress
DHS explores ways to transform immigration system without Congress
And he said his agency would approach the task in a way that’s “a little different” than in the past, by going just as aggressively after employees.
“Not only are we going to prosecute the employers that hire illegal workers, we’re going to detain and remove the illegal alien workers,” Homan said.
“When we find you at a work site, we’re no longer going to turn our heads,” Homan elaborated after the event. “We’ll go after the employer who knowingly hires an illegal alien … but we’re always going to arrest a person who is here illegally. That is our job.”
ICE still has posted the previous administration’s policy on work site enforcement, which prioritizes targeting employers that use undocumented labor as a business model, engage in human smuggling, mistreat employees, commit identity fraud, launder money or are otherwise involved in criminal activity.
ICE spokeswoman Liz Johnson said the strategy “continues to address both” employers and employees.
White House lays out DACA deal asks
White House lays out DACA deal asks
“While we focus on the criminal prosecution of employers who knowingly hire illegal workers, under the current administration’s enforcement priorities, workers encountered during these investigations who are unauthorized to remain in the United States are also subject to administrative arrest and removal from the country,” Johnson said.
According to a 2015 Congressional Research Service report, ICE arrested 541 individuals on immigration charges and 362 individuals on criminal charges in work site actions in 2014, continuing a downward trend in actions from a peak in 2011.”
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Been there, done that, likely to be just as unsuccessful and wasteful as ever. Indeed, back in the late 1970’s while I was INS Deputy General Counsel we developed the famous (or infamous, depending on which side one was on) “Blackie’s Warrants” (referencing the then well-known but now defunct Washington, D.C. eatery “Blackie’s House of Beef” a noted employer of undocumented workers) for entry into workplaces for civil immigration enforcement purposes. Workplace operations were a fertile source of Federal Court litigation, alleged constitutional violations, some class actions and injunctions, but not many final orders of removal.
Compounding the problem — lots of the employers whose workers will be hauled off in cuffs are likely to be GOP donors who aren’t going to like it when the law is enforced against them, rather than just food cart operators and lawn mowers. My recollection is that politicos of both parties weren’t too happy either, particularly when key industries like tourism, restaurants, and hotels were hit during “prime season.” But, why not keep repeating the same failed “strategies” over and over again just to prove that they still don’t work?
Let’s see, with 630,000+ pending cases in U.S. Immigration Court and counting, some of these new “employee cases” might come up for trial by the end of 2020, with luck. That is, unless under Sessions the DOJ does yet another round of “ADR.” But, since many of the folks now working in the U.S. probably have at least arguable avenues for relief, most cases probably will take even longer. And, of course, in a “saturated” court system, every “low priority” case mindlessly placed on the docket displaces another case, which might be older or higher priority. But, that’s what “Gonzo enforcement” and wasting Government resources is all about.
Oh yeah, we also happen to have extremely low unemployment. That probably means that no “other U.S. workers” are going to be rushing in to fill those jobs supposedly vacated by Homan’s operations. Been there, done that too — never saw it work successfully in the long run — particularly since the Trumpsters seem determined to cut off or diminish legal work visa opportunities.
PWS
10-17-17

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  2. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  3. THE HILL: NOLAN SAYS THERE IS A BETTER WAY TO ADDRESS PROBLEMS AT ICE
  4. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
Posted on October 17, 2017October 18, 2017Author Jennings12@aol.comCategories "Legacy INS", Acting ICE Director Thomas Homan, Courts, Department of Homeland Security, Detainers, Detention, Ethics, Executive Orders, Federal Employees, Fifth Amendment, Fourth Amendment, Immigration & Customs Enforcement ("ICE"), Jeff Sessions, Jobs, Judicial Review, Litigation, Nationalism, Politics, Populism, President Donald Trump, Restaurant Industry, The Swamp, Trump Administration, U.S. Constitution, Undocumented Individuals, Washington, D.C.Tags "Blackie's Warrants", Acting ICE Director Thomas Homan, Aimless Docket Reshuffling, DHS, DHS Tal Kopan, Donald Trump, Due Process, Executive Order, ICE, immigration, Immigration Court, Immigration Court Backlogs, Immigration Crisis, Immigration Detention, immigrationcourtside, Interior Enforcement, Jeff Sessions, Legacy INS, Nationalism, Paul Wickham Schmidt, politics, President Trump, Trump Administration, U.S. Department of Justice, Workplace Enforcement

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