Tag: Immigration Detention

THE ECONOMY: What America REALLY Needs: More Legal Workers, No More “Gonzo” Immigration Enforcement — More Immigrant Workers Needed To Save Our Economy — And They Don’t Have To Be Rocket Scientists & PhDs: Construction & Service Industries That Support US Economy Need “Entry Level” Workers!

http://host.madison.com/wsj/business/wisconsin-businesses-grapple-with-a-growing-worker-shortage/article_3ef1000e-c18b-5f72-bbcd-720ee2456111.html#utm_source=host.madison.com&utm_campaign=%2Femail%2F&utm_medium=email&utm_content=26CD42536544E247751EC74095D9CEDC67E77EDB

The Wisconsin State Journal (Madison) reports:

A Madison restaurant has raised pay for entry-level chefs in recent years more than 50 percent to $14 an hour, but still closes on Sunday evenings — not because of a lack of customers, but because workers are scarce.

Those and countless other stories across Wisconsin are symptoms of a growing worker shortage that is expected to worsen over the next decade, according to Wisconsin State Journal interviews with dozens of employers, economists, advocacy group experts and state political and economic development officials.

“We are right at the brink of the crisis,” said Ann Franz, director of the Northeast Wisconsin Manufacturing Alliance in Green Bay. “There just aren’t enough human beings in Wisconsin with baby boomers retiring. Just driving down the road there are constantly signs hiring. I’ve seen them on billboards: ‘Come to our car dealership and buy our car. Come so we can give you a job.'”

Employers from a broad range of industries are reporting difficulty finding workers — and not only for skilled professionals such as nurses, welders and computer programmers, who require a strong education and training system, but also for workers with a high school diploma and some additional training at restaurants, farms, construction sites, factories, senior care facilities, retailers and other businesses.

“I would call it Wisconsin’s mega-issue,” said Kurt Bauer, president of Wisconsin Manufacturers & Commerce, the state’s largest business group, which recently found 77 percent of members surveyed had difficulty finding workers, up from 53 percent two years ago. “All other issues, they may be important, but they are subordinate to workforce.”

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Read the rest of the article at the link.

In this context, terminating DACA, thereby depriving existing productive American workers of work authorization, is not only cruel, but also crazy. And supporting the RAISE Act — specifically designed by White Nationalist restrictionists to lower legal immigration while limiting the remaining opportunities largely to White, English speaking individuals with college degrees — is simply insane.

Legal immigration is good for America in many ways (beyond the economy) and we need more, not less, of it. Indeed, had we developed a more rational and realistic legal immigration system, most of the Dreamers and their families would have been admitted in an orderly fashion under the legal system years ago.

Guys like Jeff “Gonzo Apocalypto” Sessions who worked as an effective legislative minority to block sensible immigration reform through parliamentary maneuvers, are now falsely claiming that deportations, “gonzo” arbitrary enforcement, and a reign of terror are the only solutions to a fake crisis that they largely created.

But, in fact, there is no crisis. Most of the 11 million migrants here without documentation are working hard, in jobs we need, part of American families, English speaking or learning English, and fitting well into American communities. Indeed, they are far less disruptive to society than are ICE’s arbitrary and fear spresding enforcement policies. That’s certainly the case here in Alexandria and Northern Virginia. And even more of them would pay taxes if we simply made it easy for them by granting legal status.

The relatively small minority of undocumented migrants who are engaging in anti-social behavior can be identified and removed with some reasonable readjustment of existing resources. For example, more money allocated to the U.S. Immigration Courts, training, technology, community-based policing, and focused “smart”enforcement instead of wasteful and inhumane detention, unfocused arbitrary enforcement, unneeded walls, and filling prisons with minor immigration violators. ICE prosecutors should be authorized and encouraged to use their discretion to prioritize their Immigration Court dockets with a focus on due process and bettering society while recognizing that judicial time will always be both precious and limited.

The current scare tactics and dire, but false, scenarios being pushed by the Trump Administration will neither aid our economy nor serve America’s real needs. They would make us both less safe and less great as a nation.

PWS

09-10-17

 

 

 

 

 

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. “Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“
  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!

“JRUBE” IN WASHPOST: DEPT OF IN–JUSTICE: Under “Gonzo Apocalypto” White Nationalist, Xenophobic, Homophobic Political Agenda Replaces “Rule Of Law” — Latest DOJ Litigation Positions Fail “Straight Face” Test: “making up rules willy-nilly so as to show its rabid xenophobic base it is adhering to its promise of racial and ethnic exclusion!” — Read My “Mini-Essay” On How Advocates and U.S. Courts Could Restore Justice & Due Process To Our Broken U.S. Immigration Courts!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/09/08/trump-is-getting-rotten-legal-advice-and-once-again-it-shows/?utm_term=.e34528c36b2c

Jennifer Rubin writes in “Right Turn” in the Washington Post:

“The 9th Circuit gave the back of the hand to the argument that the Trump administration could borrow a definition from another section of the immigration statute to exclude grandmothers. The Supreme Court had used mothers-in-law as an example of a close familial relationship it wanted to protect. The 9th Circuit judges wrote: “Plaintiffs correctly point out that the familial relationships the Government seeks to bar from entry are within the same ‘degree of kinship’ as a mother-in-law.” It’s hard to make a case that grandmothers would not qualify. It does not appear that the government even made a good-faith effort to apply the Supreme Court’s direction.

On one level, it’s shocking that a Republican administration that is supposed to be a defender of “family values” would take such a miserly position. But, of course, family values are of little consequence to an administration that is more than willing to repeal the Deferred Action for Childhood Arrivals program, auguring for the breakup of intimate family relations (e.g., one sibling gets deported but American-born siblings remain).

The 9th Circuit also looked at the administration’s argument that a refugee with a formal assurance of settlement lacks a bona fide relationship with some entity or individual in the United States. The court set out the laborious screening process refugees undertake (making a mockery of the notion these people are a security threat) and noted that after all those steps are completed the refugee gets a sponsorship assurance “from one of nine private non-profit organizations, known as resettlement agencies.” The 9th Circuit held: “The Government contends that a formal assurance does not create a bona fide relationship between a resettlement agency and a refugee, and stresses that ‘[t]he assurance is not an agreement between the resettlement agency and the refugee; rather, it is an agreement between the agency and the federal government.’ But the Supreme Court’s stay decision specifies that a qualifying relationship is one that is ‘formal, documented, and formed in the ordinary course, rather than for the purpose of evading [the Executive Order].”’”

Again, one cannot help but come away with the impression that the government is throwing up every half-baked idea it can find to limit the number of people entering the country, regardless of the national security risk or the hardship its action inflicts. The Trump administration is plainly reasoning backward — deny as many people as possible admittance and then think up a reason to justify its position.

In its fixation with keeping as many immigrants out of the United States as possible, the Trump administration cannot claim to merely be following the dictates of the law. (Gosh it’s out of our hands — “Dreamers” and grandmas have to go!) It is making up rules willy-nilly so as to show its rabid xenophobic base it is adhering to its promise of racial and ethnic exclusion. It’s hard to believe seasoned career Justice Department lawyers agree with these arguments. In its oversight hearings Congress should start grilling Attorney General Jeff Sessions as to how he comes up with his cockamamie legal arguments and whether political appointees are running roughshod over career DOJ lawyers.

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Read Rubin’s full article at the link.

Mini-Essay:

TIME FOR ACTION ON THE BROKEN U.S. IMMIGRATION COURTS — IF CONGRESS WON’T ACT, THE FEDERAL COURTS MUST

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

If nothing else, the Trump Administration has given me a new appreciation for the Post’s “JRube.” She certainly has “dialed up” Gonzo’s number and exposed what’s behind his pompous, disingenuous misuse of the term “rule of law.”

No chance that a GOP Senate with Chuck Grassley as Judiciary Chair is going to hold Gonzo accountable for his daily perversions of “justice.” But, at some point, Federal Courts could begin sanctioning DOJ lawyers for willful misrepresentations (the Hawaii arguments before the 9th contained several) and frivolous positions in litigation. It’s possible that some DOJ lawyers all the way up to Gonzo himself could be referred by Federal Judges to state bar authorities for a look at whether their multiple violations of ethical standards should result suspension of their law licenses.

Another thought kicking around inside my head is that Gonzo’s actions and his public statements are starting to make a plausible case for a due process challenge to the continued operation of the U.S. Immigration Courts.

As with school desegregation, prison reform, and voting rights, a Federal Court could find systematic bias and failure to protect due process. That could result in something like 1) a requirement that the DOJ submit a “due process restoration” plan to the court for approval, or 2) the court appointment of an independent “judicial monitor” to run the courts in a fair and unbiased manner consistent with due process, or 3) the Federal Courts could take over supervision of the US Immigration Courts pending the creation of an Article I (or Article III) replacement.

High on the list of constitutionally-required reforms would be ending the location of courts within DHS detention facilities. All courts should be located in areas where adequate pro bono counsel is reasonably available and accessible. Immigration Courts should be located outside of DHS facilities in buildings accessible to the public with reasonable security requirements. Immigration Judges must be required to continue cases until pro bono counsel can be retained. Alternatively, the Government could provide for appointed counsel. 

Another obvious due process reform would be to strip the Attorney General of his (conflict of interest) authority to establish or review precedents and operating procedures for the U.S.  Immigration Courts. Along with that, the DHS should be given an equal right to appeal adverse BIA appellate decisions to the Courts of Appeals (rather than seeking relief from the AG — clearly an interested party in relation to immigration enforcement).

There also should be an immediate end to the appointment and supervision of U.S. Immigration Judges by the politically-biased AG. U.S. Immigration Judges and BIA Appellate Immigration Judges should be appointed on a strict merit basis by either an independent judicial monitor or by the U.S. Courts of Appeals until Congress enacts statutory reforms.

The current U.S. Immigration Court system mocks justice in the same way that Jeff “Gonzo Apocalypto” Sessions mocks it almost every day. There might be no practical way to legally remove Gonzo at present, but the Federal Courts could step in to force the U.S. Immigration Courts to undertake due process reforms. The current situation is unacceptable from a constitutional due process standpoint. Something has to change for the better!

PWS

09-09-17\

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. 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. 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!

PETULA DVORAK IN WASHPOST: DISHONEST LEADERS SOW “FALSE FEARS” WHILE IGNORING REAL THREATS!

https://www.washingtonpost.com/local/what-happens-when-a-presidency-runs-on-fakefears-real-fears-are-ignored/2017/09/07/83ead004-93d1-11e7-8754-d478688d23b4_story.html

Dvorak writes:

Fake fear is our new leader.

Washington’s new ruling class is not governing with compassion, common sense, measured research, knowledge of history or the future. Theirs is a doctrine of fake fears. And these same people also have a problem with things we should actually be afraid of.

Let me explain.

Fake Fear: The “bad hombres” President Donald Trump talked about during the campaign last year begot this week’s DACA repeal thing. Trump wants us to be afraid of these immigrants, and he’s ready to trash the lives of more than 800,000 Americans looking for a path to legal residency by killing the Deferred Action for Childhood Arrivals program.

The truth is that these immigrants, brought here as children by their parents, “have lower incarceration rates than native-born Americans of the same age and education level,” according to a report issued last week by the nonpartisan CATO Institute.

Real Fear: Hurricanes. You know them — from Katrina to Harvey to Irma — millions of people and billions of dollars tell you hurricanes devastate lives, cities and industries.

But Trump refuses to fear them. Earlier this year, he proposed a budget that slashed about $667 million for the disaster preparedness programs run by the Federal Emergency Management Agency. That budget also proposed $6 billion in cuts to the Department of Housing and Urban Development, which helps rebuild homes and hospitals.

The fake fear administration also killed a post-Katrina rule requiring building projects eligible for federal funding to take such measures as elevating structures in flood zones away from the reach of rising water before they get government cash. And they did this just in time for hurricane season.

But hey, the $108 billion in damage and the 1,800 lives lost in Hurricane Katrina must not mean much when it your moral compass is fake fear.

Fake fear: The apparent crime wave that Attorney General Jeff Sessions keeps warning Americans about.

“We have a crime problem,” Sessions said in February. “I wish the rise that we are seeing in crime in America today were some sort of aberration or a blip. My best judgment, having been involved in criminal law enforcement for many years, is that this is a dangerous, permanent trend that places the health and safety of the American people at risk.”

But the facts say otherwise.

This year is on pace to have the second-lowest violent crime rate of any year since 1990, according to a report by the Brennan Center for Justice this week that analyzed statistics from the nation’s 30 largest cities.

Real fear: Though we’ve seen more and more horrifying videos of civilians being shot by police officers, we still have little comprehensive data that shows how often this happens and how agencies can prevent these tragedies.

“What we really need to know is how many times police shoot people, not just how many of those people die,” David A. Klinger, a criminal justice professor at the University of Missouri in St. Louis who studies police use of force, told The Washington Post earlier this summer.

The Post began compiling this information in 2015, relying on local news, social media and our own reporting.

This is a real fear for real people. This is true whether you’re a black man, such as beloved cafeteria worker Philando Castile, who was doing nothing wrong when he was killed in Minnesota last year by a nervous police officer. And it’s true if you’re a white woman, like nurse Alex Wubbels, who was seen in a viral video last week being roughed up and arrested by a Utah detective for simply doing her job. The fake fear people seem to have little interest in addressing this problem.

The FBI’s weak, self-reporting system that has been the only way to track this was called “embarrassing and ridiculous” by fired FBI director James B. Comey.

Fake fear: Muslims in America. Trump’s attempts at a travel ban, fulfilling his campaign promise of a “total and complete shutdown of Muslims entering the United States” have reinforced a growing and misplaced Islamophobia throughout our country. We’ve seen the fake-fear sentiment in workplaces, in small-town councils trying to mess with mosques that have been peaceful and unnoticed for years, and I even saw it one of my sons’ sports teams this summer.

The truth is, from 2008 to 2016, right-wing extremists carried out twice as many terrorist attacks on U.S. soil than Islamist extremists, according to a recent report from The Nation Institute’s Investigative Fund and The Center for Investigative Reporting’s Reveal.

Real Fear: White supremacists in America. The FBI and Department of Homeland Security issued a joint intelligence bulletin that said white supremacists “were responsible for 49 homicides in 26 attacks from 2000 to 2016 … more than any other domestic extremist movement.”

They issued this statement just a couple months before the protests in Charlottesville, where an avowed Nazi sympathizer was arrested after a car drove into a crowd, killing 32-year-old Heather Heyer and injuring 19 others. There is no mistaking that was real.

We deserve real care and real concern from our leaders when it comes to real fears. There’s no shortage of them.

Let’s start by calling out #FakeFears when we see them. Washington is full of those these days, too.

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Dvorak succinctly captures what White Nationalist governance and propaganda is all about: fear, loathing, lies. Too cowardly to address real problems because that might offend the “White Nationalist base” that put and keeps them in power.

PWS

09-08-17

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. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!
  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. 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!

ABA JOURNAL: “Dickie The P” Reportedly Quit 7th Over Rift With Colleagues About Treatment Of Pro Se Litigants — Perhaps He Should Check Out In Person How Sessions’s DOJ & Captive Immigration Courts Intentionally Abuse & Deny Due Process To Unrepresented Migrants!

http://www.abajournal.com/news/article/why_did_posner_retire_he_cites_difficulty_with_his_colleagues_on_one_issue/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Debra Cassens Weiss reports:

“Judge Richard Posner had intended to stay on the federal appellate bench until he reached 80, an age he believed to be the upper limit for federal judges.

But on Friday, at the age of 78, he abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to “difficulty” with his colleagues over the court’s treatment of people who represent themselves, he told the Chicago Daily Law Bulletin in an email.

“I was not getting along with the other judges because I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake,” Posner said. The issue will be addressed in an upcoming book that will explain his views and those of his colleagues “in considerable detail,” Posner said.

Posner said he did not time his retirement to allow President Donald Trump to appoint his replacement. “I don’t think it’s proper for judges or justices to make their decision to retire depend on whom they think the president will appoint as replacements,” he told the Law Bulletin. With Posner’s retirement, the 7th Circuit has four vacancies.

Posner was appointed by President Ronald Reagan in 1981, and was widely considered a conservative. He has since written more than 3,300 judicial opinions, and not all please conservatives, according to the Law Bulletin. On the one hand, he struck down the Illinois ban on carrying weapons in public, called for fewer restrictions on domestic surveillance, and limited class certification in class-action lawsuits. But he has also written opinions favoring abortion rights and same-sex marriage.

In a 2012 interview with National Public Radio, Posner said he has become less conservative “since the Republican Party started becoming goofy.” But he won’t remain above the fray in politics.

He told the Law Bulletin that his retirement will allow him to assist his cat, Pixie, in a run for president in 2020. Above the Law had endorsed Pixie last year, but Posner was unable to participate in the campaign.”

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Perhaps “Dickie The P” can take some time away from Pixie to visit the kangaroo courts that DOJ has established in prisons intentionally located in out of the way places where traumatized individuals seeking refuge from life-threatening conditions are held in substandard conditions and forced to represent themselves in “death penalty cases” involving some off the most complex and (intentionally) obtuse concepts in modern American law.

Love him or loathe him (or both), Posner is a prolific writer and thinker whose views can’t be ignored or swept under the table. What’s happening in the U.S. Immigration Courts under Sessions is a national disgrace. A high profile legal commentator like Posner, who frankly doesn’t care whom he pisses off, could shed some light on the travesty now passing for due process in the Immigration Courts and how too many of his former Article III colleagues have turned their backs on their constitutional duties rather than taking a strong legal stand against intentional abuse of the most vulnerable  by our legal system. A voice like Posner’s advocating for an Article I Court would be heard!

PWS

09-08-15

Related posts:

  1. 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!”
  2. JOURNAL ON MIGRATION & HUMAN SOCIETY (“JMHS”) PUBLISHES MY TRIBUTE TO JUAN OSUNA (1963-2017): “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era”
  3. HON. JEFFREY CHASE: Speaking Out Against The “Notable Minority” Of U.S. Immigration Judges Who Demonstrated Bias Against Women & Asylum Seekers – “Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death. Will there be any consequences for their actions? Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision? Or would that have been viewed as dangerous?”
  4. 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! 

OUR BETTER ANGELS: The Gibson Report For 09-05-17 & “A Message For Dreamers”

“We are here for you.

We are inspired by you.

We know you belong here.

We share your dream.

We will fight alongside you.”

—- From The Gibson Report

The Gibson Report 09-05-17

Here are this week’s headlines:

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

 

Effective immediately, the Department:

  • Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents that have been accepted by the Department as of the date of this memorandum.
  • Will reject all DACA initial requests and associated applications for Employment Authorization Documents filed after the date of this memorandum.
  • Will adjudicate—on an individual, case by case basis—properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted by the Department as of the date of this memorandum, and from current beneficiaries whose benefits will expire between the date of this memorandum and March 5, 2018 that have been accepted by the Department as of October 5, 2017.
  • Will reject all DACA renewal requests and associated applications for Employment Authorization Documents filed outside of the parameters specified above.
  • Will not terminate the grants of previously issued deferred action or revoke Employment Authorization Documents solely based on the directives in this memorandum for the remaining duration of their validity periods.
  • Will not approve any new Form I-131 applications for advance parole under standards associated with the DACA program, although it will generally honor the stated validity period for previously approved applications for advance parole. Notwithstanding the continued validity of advance parole approvals previously granted, CBP will—of course—retain the authority it has always had and exercised in determining the admissibility of any person presenting at the border and the eligibility of such persons for parole. Further, USCIS will—of course—retain the authority to revoke or terminate an advance parole document at any time.
  • Will administratively close all pending Form I-131 applications for advance parole filed under standards associated with the DACA program, and will refund all associated fees.
  • Will continue to exercise its discretionary authority to terminate or deny deferred action at any time when immigration officials determine termination or denial of deferred action is appropriate.

 

Trump administration announces end of immigration protection program for ‘dreamers’

WaPo: “The Trump administration announced Tuesday it would begin to unwind an Obama-era program that allows younger undocumented immigrants to live in the country without fear of deportation, calling the program unconstitutional but offering a partial delay to give Congress a chance to address the issue…The Department of Homeland Security said it would no longer accept new applications for Deferred Action for Childhood Arrivals, which has provided renewable, two-year work permits to nearly 800,000 dreamers. The agency said those currently enrolled in DACA will be able to continue working until their permits expire; those whose permits expire by March 5, 2018, will be permitted to apply for two-year renewals as long as they do so by Oct. 5.”

 

From NYIC:

  • The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates. The NYIC will also email updates and put them on our social media.
  • Immigrant ARC is working with MOIA for a large scale event. More details coming soon.
  • If you are an Immigrant ARC member and develop materials etc. that can be shared, please send them my way and I will upload them into the databank.
  • We will be uploading flyers for events, etc onto the nyic calendar (link on our front page).

 

TOP UPDATES

 

Article: Immigration Agency May Be Expanding Anti-Fraud Program

Posted 8/31/2017

Bloomberg reports that immigration attorneys are seeing what could be an expansion of a USCIS effort to root out fraud in the immigration system. It’s “clear” the agency is looking for fraud across all visa categories, AILA Treasurer Allen Orr said.

AILA Doc. No. 17083138

 

Article: Federal Judge Blocks Texas Ban on Sanctuary Cities in Blow for Trump

Posted 8/31/2017

The Guardian reports that a federal judge has issued a preliminary injunction that blocks key parts of Texas’s ban on sanctuary cities, two days before the law was scheduled to go into effect. AILA moved its 2018 conference out of the Dallas area in protest at SB 4.

AILA Doc. No. 17083140

 

CALLS TO ACTION

 

DACA Rally – The Mayor will have some type of press conference at 5, after which there will be a rally/civil disobedience starting at City Hall. Text “NYIC” to 864-237 for updates.

 

NYIC SIJS Request: As a follow up to ongoing conversations that have come out of our liaison meetings and other conversations with the local USCIS office, they have asked me to put together a list of A numbers of over 18 year old SIJS cases that have been pending with no movement or decision so that they can get more information from the NBC. If you have cases like that could you let me know. I would love to get this to them in mid-September so that they have the information by our next liaison meeting.

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In times like these, all of us on the “right side of history” —  who have reflected on things like the causes of World War I and World War II, the horrors of Communism, Jim Crow Laws, the failure of the American Legal System to stand up to racism during most of the century following the Civil War, and the costs of “science deniers” —  need to stick together and work as a team to resist and ultimately defeat the forces of darkness and evil that have taken over our Government, our country, and are now threatening the future and safety of our world. They can’t be allowed to prevail with their ignorant, yet disturbingly arrogant, messages and actions of hate, disdain, racism, and selfishness.

Time for the “good hombres” to stand up and be counted in opposition to the “bad hombres!”

PWS

09-05-17

 

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. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!
  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. 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!

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

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

Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

Related posts:

  1. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!
  2. 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?
  3. 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!
  4. 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!

GQ POLITICS: Jack Moore On Heroes & Cowards — Dreamers Die Protecting Fellow Americans While Trump Lacks Courage To Protect Them!

https://www.gq.com/story/trump-harvey-daca-heroes

Moore writes:

“It was reported this weekend that Donald Trump has decided to end the Deferred Action for Childhood Arrivals program. DACA, was designed for the controversial purpose of protecting those who were brought to this country as young children from deportation, and allowing them the ability to get work visas. I mean, can you even imagine such an outrageous policy? People who had no say in their own arrival in the country and who in so many cases don’t even remember their birthplace, being protected by the government because it’s “the right thing to do” and “only a cruel monster would do otherwise” might seem like a bipartisan win, and yet here we are.
The program will go away in six months, thus allowing the Trump administration to try to blame Congress when they are unable to find a legislative solution to protect these people. And as Trump was making this decision, large swaths of Texas were underwater thanks to the devastation brought about by Hurricane Harvey. And while President Trump may not have been modeling good American ideals, many were as normal Americans took to their boats to try to save trapped families. Among those Americans? Alonso Guillen.
Alonso Guillen was brought to America when he was a young teen, and was allowed protection under DACA. This allowed Guillen to to get a work permit and make a living as a radio DJ without fear of deportation. When Harvey hit and most people were doing everything they could to get out of dodge, Guillen took a borrowed boat and drove into harm’s way to try to save people. Their boat tragically crashed into a bridge where Guillen and a friend died in the water.

The Houston Chronicle has this heart-breaking (and yet inspiring) story from Guillen’s father of his son’s bravery:
Guillen’s father, Jesus Guillen, said he’d asked his son not to try and rescue people in the storm, but he insisted, saying he wanted to help people. He cried and prayed on Sunday afternoon as they pulled his son’s body from the water.
“Thank you, God,” he said, “for the time I had with him.”
In addition to Guillen, other DACA recipients have volunteered in the recovery and were featured on MSNBC’s AM Joy asking Donald Trump to meet with them and see all the good they’re doing. It’s worth noting that these volunteers, as well as Alonso Guillen looked at a tragic situation hitting a major American city and asked “what can I do to help?” Donald Trump didn’t even meet with flood survivors until the Internet shamed him into it for days after his initial photo-op visit to Texas. I sincerely hope President Trump takes these young people up on their offer to meet. He’d learn a lot about what it means to be an American.”

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Not likely that the “Coward in Chief” would dare go face to face with those he is throwing under the bus. After all, this is a guy who was afraid to throw out the first pitch for the Nationals because he thought he would be booed. (Solution: Better policies, more humanity, stop pandering to the White Nationalist minority = more cheers, fewer boos. Besides who knows, Nats fans are among the politest and most well-behaved I have observed. Nats Park is one of the limited number of venues that deserves to be called “Family Friendly.” Now, perhaps that’s just because 75% of the fans appear to spend 80% of the game on their cell phones.) Trump almost never goes anywhere except to make campaign style appearances before his base in which he touts his divisive policies.

PWS

09-05-17

Related posts:

  1. “Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“
  2. THE ECONOMY: TRUMP’S “GONZO” ENFORCEMENT POLICIES LIKELY TO HINDER HOUSTON REBUILDING — “The truth is, there are not a lot of people jumping up and down to do civil construction work in Texas. It’s hot, and these jobs are pouring concrete or, worse, hot asphalt.”
  3. BREAKING: “GONZO APOCALYPTO” IS POLITICAL POINT MAN FOR ENDING DACA — TRUMP HIDES DURING ANNOUNCEMENT — AG Doesn’t Know Enough Law To Defend African American Voters Or American Kids — Other AGs Able To Do Both — Time For A “Competency Check?”
  4. SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

THE HILL: RAPPAPORT ON TEXAS INJUNCTION OF PARTS OF SB 4 — City of El Cenizo v. State of Texas

http://thehill.com/blogs/pundits-blog/immigration/349103-texas-courts-pro-sanctuary-cities-decision-can-cripple

Nolan writes:

“At the end of August, a federal district court in Texas ruled against that state, halting an immigration enforcement law shortly before it was to go into effect.

The court issued a preliminary (temporary) injunction to halt the implementation of five allegedly unconstitutional provisions in Texas’ anti-sanctuary city law, Senate Bill 4 (SB 4), including one that would require law enforcement agencies in Texas to “comply with, honor, and fulfill” any immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE).

This means that the court found a substantial likelihood that the plaintiffs (in this case, the parties opposing the state of Texas) will succeed in establishing that those provisions are unconstitutional when a decision is rendered on the merits of the case.

If the decision on ICE detainers is correct, which seems to be the case, it could cripple ICE’s ability to prevent removable criminal aliens from absconding when they are released from custody by state and local law enforcement agencies.

. . . .

When Texas Governor Greg Abbott signed SB 4 into law, he said that denying detainer requests can have deadly consequences.  This is illustrated by the case of Kate Steinle, who was shot dead by a criminal alien while she was walking with her father on a busy pier in San Francisco.

The alien was a repeat felon who had been deported five times, but the police department that had been holding him released him in disregard of a detainer request because San Francisco is a sanctuary city that does not honor detainer requests.

Preventing the use of detainers could have unintended consequences. If other federal courts agree with the decision’s disposition of the detainer issue; state and local police in every part of the country may have to stop honoring detainer requests, and ICE could use the time that would have been spent following up on detainers to go after noncriminal aliens.

ICE can encourage state and local police departments to participate in the federal 287(g) Program, which allows participants to enter into a partnership with ICE on the basis of a Memorandum of Agreement (MOA). They would receive training on immigration enforcement and delegated immigration authority, which includes the option of being able to detain aliens on the basis of detainers.

But ICE does not have the resources to train and supervise police in all of the state and local law enforcement agencies in the country.

The only solution is for Congress to grant state and local police the authority to detain aliens on the basis of an ICE detainer.”

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Read Nolan’s complete analysis over at The Hill at the link.

I agree with Nolan that the Chief District Judge Orlando L. Garcia’s analysis of SB 4’s constitutional infirmities appears to be correct. I also agree that rationale should eventually require DHS to change its detainer policy nationwide to meet constitutional standards.

That means that a battery of DHS and DOJ attorneys, of which there is no shortage, will have to work with the enforcement branches to come up with effective enforcement methods that comply with our Constitution. Stuff like that happens all the time. That’s why the Government needs good lawyers.

I don’t agree with Nolan that the only way for DHS to function is for Congress to pass legislation turning untrained local cops into immigration officers for the purpose of honoring detainers. Seems like you end up with the same problem, just “dressed up” differently.

I spent over a decade working for the Legacy INS on immigration enforcement matters. Nobody ever doubted that immigration officers could effectively carry out their duties 1) in full compliance with the U.S. Constitution, and 2) without relying on state and local officials. Indeed, the “mantra” of INS Enforcement in those days was “we’re the immigration pros, leave enforcement to us.” I guess times must have changed; but not that much. And, the Fourth Amendment hasn’t changed at all.

I also don’t buy the claim that Abbott was interested in protecting Texans from dangerous crime. No, this was about a White Nationalist agenda designed to put down minorities, particularly in the Latino community, and prevent them from getting their fair share of political power. That’s why, although Latinos make up a large proportion of Texas’s population, Latino leaders generally opposed the GOP’s and Abbott’s racially divisive action.

A bill really aimed at protecting all Texans, regardless of ethnicity or status, from violent crime would have received support from about 98% of residents (who really wants to be a victim of violent crime — almost nobody, as the BIA has observed on a number of occasions) including the overwhelming number  of Latinos. That it didn’t, and that a majority-Latino jurisdiction like El Cenizo is the lead plaintiff opposing the bill says all you need to know about the SB 4’s White Nationalist intent.

There will come a day when the Abbotts, Paxtons, and other denizens of the Texas White GOP will have to share power equitably with Latino and other minority Texans. When that happens, they can only hope that Latino leaders and politicians will have short memories, forgive the racism of the past, and move on to the future treating them with greater respect and consideration than they deserve based on their recent “sharp stick in the eyes” words and actions.

Until that happens — well, as I’ve said before, lots of work for lawyers and judges.

PWS

09-04-17

Related posts:

  1. 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!
  2. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!
  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. COURTSIDE HISTORY: HOW THE FOUNDING FATHERS’ RACISM ERASED A PRESIDENT’S DAUGHTER! — ALSO MY: “FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”

U.S. IMMIGRATION COURTS: Judge Lawrence O. “Burmanator” Burman (SOLELY In His NAIJ Officer Capacity) Gives Rare Peek Inside U.S. Immigration Courts’ Disaster Zone From A Sitting Trial Judge Who “Tells It Like It Is!”

Judge Burman appeared at a panel discussion at the Center for Immigration Studies (“CIS”). CIS Executive Director Mark Krikorian; Hon. Andrew Arthur, former U.S. Immigration Judge and CIS Resident Fellow; and former DOJ Civil Rights Division Official Hans von Spakovsky, currently Senior Legal Fellow at the Heritage Foundation were also on the panel entitled “Immigration Court Backlog Causes and Solutions” held at the National Press Club on Aug. 24, 2017.  Here’s a complete transcript furnished by CIS (with thanks to Nolan Rappaport who forwarded it to me).

Here’s the “meat” of Judge Burman’s remarks:

“First, the disclaimer, which is important so I don’t get fired. I’m speaking for the National Association of Immigration Judges, of which I am an elected officer. My opinions expressed will be my own opinions, informed by many discussions with our members in all parts of the country. I am not speaking on behalf of the Department of Justice, the Executive Office for Immigration Review, the chief judge, or anybody else in the government. That’s important.

What is the NAIJ, the National Association of Immigration Judges? We’re a strictly nonpartisan organization whose focus is fairness, due process, transparency for the public, and judicial independence. We’re opposed to interference by parties of both administrations with the proper and efficient administration of justice. We’ve had just as much trouble with Republican administrations as Democratic administrations.

It’s been my experience that the people at the top really don’t understand what we do, and consequently the decisions they make are not helpful. For example, the – well, let me backtrack a little bit and talk about our organization.

Immigration judges are the – are the basic trial judges that hear the cases. Above us is the Board of Immigration Appeals, who function as if they were an appellate court. We, since 1996, have been clearly designated as judges by Congress. We are in the statute. We have prescribed jurisdiction and powers. Congress even gave us contempt authority to be able to enforce our decisions. Unfortunately, no administration has seen fit to actually give us the contempt authority. They’ve never done the regulations. But it’s in the statute.

The Board of Immigration Appeals is not in the statute. It has no legal existence, really. It’s essentially an emanation of the attorney general’s limitless discretion over immigration law. The members of the Board of – Board of Immigration Appeals are – in some cases they’ve got some experience. Generally, they don’t have very much. They’re a combination of people who are well-respected in other parts of the Department of Justice and deserve a well-paid position. Very often they’re staff attorneys who have basically moved up to become board members, skipping the immigration judge process. Very few immigration judges have ever been made board members, and none of them were made board members because they had been immigration judges. If they were, it was largely a coincidence.

The administration of the Executive Office for Immigration Review in which we and the BIA are housed is basically an administrative agency. We are judges, but we don’t have a court. We operate in an administrative agency that’s a lot closer to the Department of Motor Vehicles than it is to a district court or even a bankruptcy court, an Article I type court.

Our supervisors – I’m not sure why judges need supervisors, but our supervisors are called assistant chief immigration judges. Some of them have some experience. Some of them have no experience not only as judges, but really as attorneys. They were staff attorneys working in the bowels of EOIR, and gradually became temporary board members, and then permanent board members.

Interestingly, when a Court of Appeals panel is short a judge, they bring up a district judge. EOIR used to do that, by bringing up an immigration judge to fill out a panel at the board. They don’t do that anymore. They appoint their staff attorneys as temporary board members, a fact that is very shocking when we tell it to federal judges. They can’t imagine that a panel would be one member short and they’d put their law clerk on the panel, but that’s what goes on.

The top three judges until recently – the chief judge and the two primary deputies – had no courtroom experience that I’m aware of. Two of them have gone on. Unfortunately, one of them has gone on to be a BIA member. The other retired.

Our direct supervisors are the assistant chief immigration judges. Some are in headquarters, and they generally have very little experience. Others are in the field, and they do have some experience – although, for example, the last two ACIJs – assistant chief immigration judges – who were appointed became judges in 2016. So they don’t have vast experience. Well, they may be fine people with other forms of experience, but this agency is not run by experienced judges, and I think it’s important to understand that.

There’s a severe misallocation of resources within EOIR. I think Congress probably has given us plenty of money, but we misuse it. In the past administration, the number of senior executive service – SES – officials has doubled. Maybe they needed some more administrative depth, although I doubt it. The assistant chief immigration judges are proliferating. I think there’s 22 of them now. These are people who may do some cases. Some of them do no cases. They generally don’t really move the ball when it comes to adjudicating cases. Somehow, the federal courts are able to function without all of these intermediaries and supervisory judges, and I think that we would function better without them as well.

To give you a few examples – I could give you thousands of examples, and if you want to stick around I’ll be happy to talk about it. Art was talking about the juvenile surge. I think it was approximately 50,000 juveniles came across the border. To appear to be tough, I guess, they were prioritized. The official line is, you know, we’re going to give them their asylum hearings immediately. I’m not sure what kind of asylum case that a 6-year-old might have, but we would hear the case and do it quickly, and then discourage people from coming to our country. But, in fact, what’s actually happened is the juvenile docket is basically a meet-and-greet. The judges are not – first of all, I’m not allowed to be a juvenile judge. The juvenile judges are carefully selected for people who get along well with children, I guess. (Laughter.) Really, what they do is they just – they see the kids periodically, and in the meantime the children are filing their asylum cases with the asylum office, where they’re applying for special immigrant juvenile status, various things. But judge time is being wasted on that.

Another example is the current surge. I have a really busy docket. Art was talking about cases being scheduled in 2021. The backlog for me is infinite. I cannot give you a merits hearing on my docket unless I take another case off. My docket is full through 2020, and I was instructed by my assistant chief immigration judge not to set any cases past 2020. So they’re just piling up in the ether somewhere.

As busy as I am, they send me to the border, but these border details are politically oriented. First of all, we probably could be doing them by tele-video. But assuming that they want to do them in person, you would think that they would only send the number of judges that are really needed. But, in fact, on my last detail of 10 business days, two-week detail, two days I had no cases scheduled at all. And back home having two cases off the docket, which almost never happens – or two days off the docket, which almost never happens, would be useful because I could work on motions and decisions. But when I’m in Jena, Louisiana, I can’t really work on my regular stuff. So I’m just reading email and hanging out there.

The reason for that is because there’s been no attempt to comply with the attorney general’s request that we rush judges to the border with, at the same time, making sure that there’s enough work or not to send more judges than is really necessary to do the work. I assume the people that run our agency just want to make the attorney general happy, and they send as many judges to the border as possible.

One particularly bizarre example was in San Antonio. The San Antonio judges were doing a detail to one of the outlying detention facilities by tele-video. But they wanted to rush judges to the border, so they assigned a bunch of judges in the country that had their own dockets to take over that docket by tele-video on one week’s notice. Well, one week’s notice meant that the judges in San Antonio couldn’t reset cases. You’ve got to give at least 10 days’ notice of a hearing by regulation. So we had judges taken away from their regular dockets to do that; judges who normally would have done that who already were on the border – San Antonio is pretty closer to the border – didn’t have anything to do.

Now, those may be extreme cases, but this happens all too much, and it’s because of political interference. And like I say, it’s got nothing to do with party. We’ve had the same problem with Democratic and Republican administrations. It comes from political decisions animating the process and people who don’t really understand what they’re managing, just attempting to placate the guy on the top. So that’s basically what’s been happening.

Am I over my 10 minutes here?

MR. KRIKORIAN: Yeah. Well, I mean, you’re right at it. If you’ve got a couple more minutes, that’s fine.

JUDGE BURMAN: Well, let me just go over some possible suggestions.

Let judges be judges – immigration judges that control their own courts and their own dockets. We should be able to supervise our own law clerks and our own legal assistants, which currently we don’t. And the contempt authority we were given in 1996 should eventually – should finally get some regulations to implement it.

EOIR’s overhead needs to be reduced. There’s too many positions at headquarters and too few positions in the field. When EOIR was originally set up, the idea was that each judge would need three legal assistants to docket the cases and find the files and make copies and all that. At one point last year we were down to less than one legal assistant per judge in Arlington, where I am, and in Los Angeles it was even worse. When you do that, the judge is looking for files, the judge is making copies, the judge doesn’t have the evidence that’s been filed. There’s nothing more annoying than to start a hearing and to find that evidence was filed that I don’t have. The case has to be continued. I have to have a chance to find the evidence and review it.

It would be nice if our management were more experienced than they are, or at least have some more courtroom experience.

We need an electronic filing system like all the other courts have. Fortunately, that’s one thing that Acting Director McHenry has said is his top priority, and I think that he will take care of that.

The BIA is a problem. The BIA doesn’t have the kind of expertise that the federal courts would defer to. Consequently, I think a lot of the bad appellate law that Art was referring to is caused by the fact that the BIA really doesn’t have any respect in the federal court system. They’re not immigration experts. They want their Chevron deference, but they are not getting it. They’re not getting it from the Court of Appeals. They’re not getting it from the Supreme Court, either.

The BIA also remands way too many cases. When we make a decision, we send it up to the BIA. We don’t really care what they do. They could affirm us. They could reverse us. We don’t want to see it back. We’ve got too much stuff to see them back. And this happens all the time. If they remand the case, they don’t ever have to take credit for the decision that they make. I assume that’s why they’re doing it, to try to make us do it.

We need a proper judicial disciplinary system. Starting in 2006, which is where the backlog problem began, the attorney general first of all subjected us to annual appraisals, evaluations, which previously OPM had waived due to our judicial function. So that’s a waste of time. Judges were punished for the – for things that are not punishment. Judges were punished because a Court of Appeals would say that you made a mistake or he was rude or – it’s just crazy. Judges were punished or could be punished for granting – for not granting continuances. No judge was ever punished for granting a continuance. So it’s no surprise that, as I pointed out, continuances have been granted at a much greater level – in fact, too great a level. But when in doubt, we continue now because if we don’t do that we’re subject to punishment, and nobody really wants that.

And finally, the ultimate solution, I think, is an Article I court like the bankruptcy court – a specialized court, could be in the judicial branch, could be in the executive branch – to give us independence, to ensure that we have judges and appellate judges who are appointed in a transparent way, being vetted by the private bar, the government, and anybody else.

And I’m way over my 10 minutes, so I’ll be – I’ll be sure to babble on later if you want me to. Thank you.”

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

Judge Arthur’s kind opening words about the late Juan Osuna were a nice touch. One of Juan’s great strengths as person, executive, judge, and teacher was his ability to maintain good friendships with and respect from folks with an assortment of ideas on immigration.

Judge Burman’s “no BS” insights are as timely as they are unusual. That’s because U.S. Immigration Judges are not encouraged to speak publicly and forthrightly about their jobs.

The Supervisory Judge and the EOIR Ethics Office must approve all public appearances by U.S. Immigration Judges including teaching and pro bono training. A precondition for receiving permission is that the judge adhere to the DOJ/EOIR “party line” and not say anything critical about the agency or colleagues. In other words, telling the truth is discouraged.

As a result, most Immigration Judges don’t bother to interact with the public except in their courtrooms. A small percentage of sitting judges do almost all of the outreach and public education for the Immigration Courts.

While EOIR Senior Executives and Supervisors often appear at “high profile events” or will agree to limited press interviews, they all too often have little if any grasp of what happens at the “retail level” in the Immigration Courts. Even when they do, they often appear to feel that their job security depends on making things sound much better than they really are or that progress is being made where actually regression is taking place.

In reality, the system functioned better in the 1990s than it does two decades later. Due Process protection for individuals — the sole mission of EOIR — has actually regressed in recent years as quality and fairness have taken a back seat to churning numbers, carrying out political priorities, not rocking the boat, and going along to get along. Such things are typical within government agency bureaucracies, but atypical among well-functioning court systems.

I once appeared on a panel with a U.S. District Judge. After hearing my elaborate, global disclaimer, he chuckled. Then he pointedly told the audience words to the effect of  “I’m here as a judge because you asked me, and I wanted to come. I didn’t tell the Chief Judge I was coming, and I wouldn’t dream of asking his or anyone else’s permission to speak my mind.”

I hope that everyone picked up Judge Burman’s point that “Aimless Docket Reshuffling” or “ADR” is still in full swing at EOIR. Cases are shuffled, moved around, taken off docket, and then restored to the docket to conceal that the backlog in Arlington goes out beyond the artificial “2020 limit” that Judge Burman has been instructed to use for “public consumption.” But there are other cases out there aimlessly “floating around the ether.” And, based on my experience, I’m relatively certain that many courts are worse than Arlington.

Judge Burman also makes another great  “inside baseball” point — too many unnecessary remands from the BIA. Up until the very ill-advised “Ashcroft Reforms” the BIA exercised de novo factfinding authority. This meant that when the BIA disagreed with the Immigration Judge’s disposition, on any ground, they could simply decide the case and enter a final administrative order for the winning party.

After Ashcroft stripped the BIA of factfinding  authority, nearly every case where the BIA disagrees with the lower court decision must be returned to the Immigration Court for further proceedings. Given the overloaded docket and lack of e-filing capability within EOIR, such routine remands can often take many months or even years. Sometimes, the file gets lost in the shuffle until one or both parties inquire about it.

The Immigration Courts are also burdened with useless administrative remands to check fingerprints in open court following BIA review. This function should be performed solely by DHS, whose Counsel can notify the Immigration Court in rare cases where the prints disclose previously unknown facts. In 13 years as an Immigration Judge, I had about 3 or 4 cases (out of thousands) where such “post hoc” prints checks revealed previously unknown material information. I would would have reopened any such case. So, the existing procedures are unnecessary and incredibly wasteful of limited judicial docket time.

I agree completely with Judge Burman that the deterioration of the Immigration Courts spans Administrations of both parties. Not surprisingly, I also agree with him that the only real solution to the Courts’ woes is an independent Article I Court. Sooner, rather than later!

PWS

09-03-17

 

 

 

 

 

 

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. 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!
  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. EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

DERELICTION OF DUTY! — Sessions’s DOJ Is MIA In Vindicating Public’s Constitutional Rights To Freedom From Police Brutality — State Of IL Forced To Do Feds’ Job For Them!

https://www.washingtonpost.com/opinions/illinois-fills-in-for-the-missing-in-action-justice-department/2017/09/02/c8e16484-8e90-11e7-84c0-02cc069f2c37_story.html?utm_term=.ed2fa2d4a0d6

The Washington Post says in an editorial today:

“IN JANUARY, an investigation by the Justice Department found that the Chicago Police Department routinely used excessive force against the city’s residents, often along racial lines and without accountability. That report recommended federal court oversight of the Chicago police to prevent further abuses. Now, almost nine months later, a federal judge is set to begin supervising the process of reforming Chicago’s police.

But the city of Chicago won’t be working with the Justice Department. Instead, it’s Illinois Attorney General Lisa Madigan who is bringing the lawsuit to begin negotiations on a federal court decree for police oversight.

The state of Illinois is filling the hole left by Attorney General Jeff Sessions, under whose leadership the Justice Department pulled back from its agreement to negotiate with Chicago to find a mutually agreeable model for court supervision of the city’s police. After months, nothing came of Chicago Mayor Rahm Emanuel’s efforts to find a solution with the Justice Department outside the courts. Now, Mr. Emanuel — who has been reluctant to embrace judicial oversight of Chicago police — has pledged to partner with Ms. Madigan to achieve reform under the watchful eye of a judge.

Chicago is one of several cities left behind by Mr. Sessions’s emphasis on fighting crime over working with unsettled police departments in need of reform — as if protecting civil rights and public safety were somehow incompatible. Two months into his time as attorney general, Mr. Sessions issued a memorandum directing his deputies to review oversight agreements reached by the Obama administration with police departments found to have systematically violated civil rights. The Justice Department then tried to delay an agreement finalized by Obama officials from going into effect in Baltimore, over the objections of the police department itself — only to be rebuked by the judge who gave the reform plan his approval. And recently, the department’s Community Oriented Policing Services Office (COPS) has reportedly failed to provide assessments requested by at least seven local police departments that reached out for help with reform.”

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

Read the entire editorial at the above link.

Get this! While Gonzo Apocalypto is out spreading his knowingly false narrative about how nannies, gardeners, drywallers, carpenters, health care workers, fast food workers, students, soccer players, and emergency response personnel are threats to the public safety (not surprisingly, a tough sell in many diverse communities that depend on migrant labor and ethnic community participation without regard to legal status) and misusing statistics and anecdotes to support the Trump Administration’s bogus case that local police need tanks and other combat type military equipment to protect the public, the real law enforcement duties of the DOJ are going by the board. Nowhere is this more true than in the area of civil rights and voting rights, where the DOJ is actually working with some states and localities to undermine Americans’ constitutional rights. But, the Department’s “turn back the clock” approach to drug enforcement, prison reform, sentencing reform, forensic science, and community policing is also “built to fail” and deserves censure.

Then, there is the massive failure of justice in the overwhelmed U.S. Immigration Courts. Rather than setting forth a rational plan to restore due process and functionality by reducing dockets, providing more and better training for judges, hiring additional law clerks, closing down “kangaroo courts” in detention centers, giving judges control of individual dockets, implementing statutory contempt authority for judges, establishing a merit-based hiring system that promotes a diverse judiciary, putting resources into technology including e-filing, and making EOIR functionally independent from the DOJ’s political influence and the President’s immigration enforcement initiatives, Sessions has sent a “just peddle faster” message to Immigration Courts that are already peddling so fast that they are careening out of control. The DOJ’s handling of the U.S. Immigration Courts is a national disgrace that will come back to haunt the entire justice system unless or until Coongress or the Article III Courts call a halt!

And Jeff “Gonzo Apocalypto” Sessions is a key part of the problems that his White Nationalist agenda can never solve and, indeed, will continue to aggravate while he holds office.

PWS

09-03-17

 

 

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. 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. 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!

PAUL KRUGMAN IN THE NYT: THE NEW AMERICAN FASCISTS — TRUMP & ARPAIO!

https://www.nytimes.com/2017/08/28/opinion/fascism-arpaio-pardon-trump.html?em_pos=small&emc=edit_ty_20170828&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0

Krugman writes:

As sheriff of Maricopa County, Ariz., Joe Arpaio engaged in blatant racial discrimination. His officers systematically targeted Latinos, often arresting them on spurious charges and at least sometimes beating them up when they questioned those charges. Read the report from the Justice Department’s Civil Rights Division, and prepare to be horrified.

Once Latinos were arrested, bad things happened to them. Many were sent to Tent City, which Arpaio himself proudly called a “concentration camp,” where they lived under brutal conditions, with temperatures inside the tents sometimes rising to 145 degrees.

And when he received court orders to stop these practices, he simply ignored them, which led to his eventual conviction — after decades in office — for contempt of court. But he had friends in high places, indeed in the highest of places. We now know that Donald Trump tried to get the Justice Department to drop the case against Arpaio, a clear case of attempted obstruction of justice. And when that ploy failed, Trump, who had already suggested that Arpaio was “convicted for doing his job,” pardoned him.

By the way, about “doing his job,” it turns out that Arpaio’s officers were too busy rounding up brown-skinned people and investigating President Barack Obama’s birth certificate to do other things, like investigate cases of sexually abused children. Priorities!

Let’s call things by their proper names here. Arpaio is, of course, a white supremacist. But he’s more than that. There’s a word for political regimes that round up members of minority groups and send them to concentration camps, while rejecting the rule of law: What Arpaio brought to Maricopa, and what the president of the United States has just endorsed, was fascism, American style.

 

So how did we get to this point?

Trump’s motives are easy to understand. For one thing, Arpaio, with his racism and authoritarianism, really is his kind of guy. For another, the pardon is a signal to those who might be tempted to make deals with the special investigator as the Russia probe closes in on the White House: Don’t worry, I’ll protect you.

. . . .

This bodes ill if, as seems all too likely, the Arpaio pardon is only the beginning: We may well be in the early stages of a constitutional crisis. Does anyone consider it unthinkable that Trump will fire Robert Mueller, and try to shut down investigations into his personal and political links to Russia? Does anyone have confidence that Republicans in Congress will do anything more than express mild disagreement with his actions if he does?

As I said, there’s a word for people who round up members of ethnic minorities and send them to concentration camps, or praise such actions. There’s also a word for people who, out of cowardice or self-interest, go along with such abuses: collaborators. How many such collaborators will there be? I’m afraid we’ll soon find out.”

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

Read Krugman’s entire op-ed at the link.

A most unhappy commentary. My parents’ generation fought the fascists. Our generation appears to have handed the reins of the US Government over to them.

PWS

08-29-17

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. 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!
  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!

ZOE TILLMAN ON BUZZFEED: Administration Has Nowhere To Hide As Stats Show Immigration Court Backlog Careening Out Of Control On Their Watch: Head Of Judges Assn Says Judges Are “canaries in the coal mine . . . still gasping for air.!”

https://www.buzzfeed.com/zoetillman/the-backlog-of-cases-in-immigration-courts-has-hit-a-record?utm_term=.gsZy1Gdqr#.pqmop3XAD

Zoe reports:

“The backlog of cases in US immigration courts has continued to worsen amid the Trump administration’s border crackdown, new statistics show.

As of the end of July, there were 617,527 cases pending in immigration courts. It’s the first time this number has crossed the 600,000 mark, according to information released on Thursday by the Transactional Records Action Clearinghouse, or TRAC, a research center at Syracuse University that tracks US government data.

The immigration court system, which is an arm of the US Department of Justice, has been grappling with growing caseloads for years. Immigration judges and lawyers have reported case delays stretching years out. But the latest numbers show a large jump in 2017. When Trump took office in January, there were approximately 540,000 pending cases.

“It is still overwhelming to the immigration judges,” said Judge Dana Leigh Marks, an immigration judge in San Francisco and president of the National Association of Immigration Judges. “The levels of caseload are higher than we’ve ever seen before.”

. . . .

As of Aug. 14, there were 334 immigration judges nationwide — 54 have been hired since Trump took office. The office is authorized by Congress to have 384 judges. Marks said that a large number of judges are eligible to retire, which could cut into any progress that DOJ makes in hiring new judges. New judges also don’t move as quickly as experienced ones, she said.

Under a Jan. 25 executive order on immigration enforcement, the Justice Department said in August that it had mobilized more than 100 immigration judges to hear cases at Department of Homeland Security detention facilities, either in-person or by video teleconferencing. Between Feb. 1 and July 31, immigration judges had issued nearly 28 percent more deportation orders as compared to the same time period last year, DOJ said.

Marks said that immigration judges had been warning officials about the backlog for years, and would continue to do so.

“The canaries in the coal mine are still gasping for air,” she said.”

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

Read Zoe’s entire report at the link.

The DOJ is: clueless. planless, incompetent, and totally unqualified to manage a system of the size and importance of the current US Immigration Court consistently with due process. Systemically, knowingly running a system that engages in Aimless Docket Reshuffling (“ADR”), puts long pending cases that can be tried at the end of the line (many years out), while engaging in unnecessary detention and hustling more recent arrivals through without a reasonable chance to obtain representation or present their claims for relief, indeed sometimes without any hearings at all, is already a “default” on due process. Greater reliance on already outdated and overwhelmed “televideo court equipment” will further compromise due process. Even now, as most Immigration Judges and attorneys who have to use EOIR Televideo courts will tell you, the system is NQRFPT (“Not Quite Ready For Prime Time”).  Jamming more cases into it is asking for a complete breakdown.

I’m actually somewhat surprised that no group has found a way to bring a class action seeking to shut down the entire Immigration Court System and the DHS Administrative Removal System until improvements are made so that they comply with due process.  Sort of like the litigation that eventually required some prison systems to come into compliance with constitutional norms. In some cases, this is even worse than prisons, since many individuals in immigration detention haven’t been convicted of any crimes; they are just asserting their statutory and constitutional rights to have a fair adjudication of their ability to remain in the US.

Also, how is a system that treats its own judges as “canaries gasping for breath in the coal mine” going to deliver on due process for those individuals expecting it from those same judges? It isn’t.

And Congress should not get off the hook either. This problem has been growing very publicly for years over several Administrations while Congress has failed to deliver on proposals for an independent US Immigration Court that have been kicking around for more than a decade!

None of the DOJ’s statements deal with the real solution here: use of prosecutorial discretion “PD” on a widespread basis to resolve most of these cases and take them off the Immigration Courts’ docket. That needs to be followed by serious negotiations with Congress for: 1) a realistic legalization program, 2) an increase in legal immigration to put our immigration laws more in line with the actual market conditions that are bringing, and will continue to bring, more immigrant workers to the US, and an independent Immigration Court where the capacity to adjudicate cases consistently with due process is a primary consideration in both DHS’s deciding how many cases to place on the docket and how individual judges manage their individual dockets. That’s simply making changes to bring the Immigration Court system and the immigration laws into line with the rest of the U.S. legal system and our overall needs to maintain and administer a much more robust and inclusive legal immigration system that wouldn’t waste money on impractical walls and on “gonzo” immigration enforcement ands unnecessary detention.

 

PWS

09-01-17

 

 

 

 

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. 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!
  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. EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

TRAC: US IMMIGRATION COURT BACKLOG CONTINUES TO GROW! — MORE JUDGES + GONZO ENFORCEMENT + GROSS MISMANAGEMENT = LESS DUE PROCESS!

http://trac.syr.edu/whatsnew/email.170831.html

 

“Immigration Court Backlog Climbs to 617,527 Cases
(31 Aug 2017) The latest available case-by-case court records show that as of the end of July 2017, the Immigration Court’s backlog continued to rise , reaching an all-time high of 617,527. For the first time, individuals with pending cases from El Salvador surpassed the numbers from Mexico in the court’s pending workload. There were a total of 134,645 pending cases involving citizens of El Salvador, edging past the 134,467 cases involving individuals from Mexico. In third place, with 102,532 pending cases were citizens from Guatemala.California continued to have the largest backlog with 115,991 cases pending at its court locations. Texas was second with 99,749 pending cases, followed by New York with 84,429. Both California and New York are continuing to see rising court backlogs. In contrast, court locations in Texas saw a small decline in July.

To see a snapshot of pending cases in Immigration Courts go to:

http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php

To drill further into these numbers, by nationality, court and hearing location go to the backlog tool at:

http://trac.syr.edu/phptools/immigration/court_backlog/

In addition, many of TRAC’s free query tools – which track the court’ backlog, new DHS filings, court dispositions, the handling of juvenile cases and much more – have now been updated through July 2017. For an index to the full list of TRAC’s immigration tools go to:

http://trac.syr.edu/imm/tools/

If you want to be sure to receive notifications whenever updated data become available, sign up at:

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl”

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

According to rumors, under pressure from GOP State AGs and others in the White Nationalist base, the Trumpsters are close to terminating the DACA, thereby sending an additional 800,000 American young people into the already overwhelmed US Immigration Court system. See Jason Dzubow’s recent Asylumist post on the “100 year plan” to understand the cruel, wasteful, racist “parallel universe” in which the Trumpsters reside!

PWS

09-01-17

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. ELISE FOLEY @ HUFFPOST: TRUMP’S WHITE NATIONALIST AGENDA APPEARS ON TRACK TO SINK DREAMER AGREEMENT, PERHAPS RESULTING IN USG SHUTDOWN! – Sen. Durbin, Dems “Just Say No” To Restrictionist Measures!
  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. 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?

CNN: TRUMP GOES “FULL GONZO” IN AZ — REWRITES HISTORY, PRAISES RACIST SHERIFF, TRASHES NAFTA, SLAMS AZ’S GOP SENATORS, THREATENS USG SHUTDOWN IN TANTRUM ABOUT WALL, COZIES UP TO WHITE NATIONALISTS — DIVIDER IN CHIEF’S UNFITNESS FOR OFFICE ON FULL DISPLAY!

http://www.cnn.com/2017/08/23/politics/donald-trump-phoenix-rally-analysis/index.html

Stephen Collinson reports for CNN:

“(CNN)Donald Trump just showed why even some Republicans question whether he has the temperament and the capacity to serve as President.

In an incredible performance at a raucous Arizona rally Tuesday, Trump rewrote the history of his response to violence in Charlottesville and reignited the culture wars.
Trump in effect identified himself as the main victim of the furor over the violence in Virginia, berating media coverage for a political crisis that refuses to abate over his rhetoric on race.
“They’re trying to take away our culture. They’re trying to take away our history,” Trump said, blaming “weak, weak people” for allowing the removal of statues commemorating the Confederacy.
TRUMP’S PHOENIX SPEECH
Lemon: Speech ‘total eclipse of facts’
Trump’s 77-minute speech
Police spray tear gas at protesters
Trump: We’ll probably kill NAFTA
Clapper: ‘Downright scary and disturbing’
In defending his responses to the Charlottesville violence, Trump selectively omitted his reference to “many sides” or “both sides,” comments he made that drew bipartisan condemnation for equating neo-Nazis with their counterprotesters.
Trump insisted at the start of his speech that all Americans must realize that they are on the same team, must show loyalty to their country, and that he wanted everyone to love one another.
But his performance was a fresh indication that he still feels far more comfortable, and perhaps motivated, to act as a political flamethrower who pulls at national divides than a President who wants to unite the nation.
Throwing gasoline onto political controversies, Trump threatened to shut down the government unless Congress funds his border wall and all but promised a pardon for Arizona Sheriff Joe Arpaio, who was convicted of contempt of court in a case related to racial profiling.”

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Read the entire jaw-droppingly disturbing report of our President’s unhinged performance at the link.

PWS

08-23-17

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. 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!
  4. COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

ACTING ICE DIRECTOR HOMAN PLEDGES MORE REMOVALS — CLAIMS SUCCESS — ACTUAL FIGURES TELL A DIFFERENT STORY — CRIMINAL REMOVALS ACTUALLY DOWN — GAINS ACHIEVED BY MANIPULATING PRIORITIES, DEPORTING NON-CRIMINALS — “LOW HANGING FRUIT!”

https://www.usatoday.com/story/news/world/2017/08/17/ice-director-says-his-agents-just-getting-started/576702001

Alan Gomez writes in USA Today:

“MIAMI — In the seven months since Thomas Homan was appointed to carry out President Trump’s promises to crack down on undocumented immigrants living in the U.S., he has been accused of abusing that power by targeting undocumented immigrants without criminal records.

So far, the data seems to back up those accusations, with the percentage of undocumented immigrants without a criminal record arrested by Immigration and Customs Enforcement (ICE) agents increasing each month, from 18% in January to 30% in June.

But Homan, a 33-year law enforcement veteran who has worked along the southern border and is now the acting director of ICE, doesn’t shy away from those numbers. In fact, he said they’re only the start.

“You’re going to continue to see an increase in that,” Homan told USA TODAY during a visit to Miami on Wednesday.

Homan has become the public face of Trump’s efforts to crack down on illegal immigration, a central theme of his presidential campaign and one of the few areas where he’s been able to make wholesale changes without any help from Congress.

Under President Obama, ICE agents were directed to focus their arrests on undocumented immigrants who had been convicted of serious crimes, were members of gangs or posed a national security threat.

Trump and his Department of Homeland Security have vastly expanded that pool, ordering agents to focus on undocumented immigrants who have only been charged with crimes and allowing them to arrest any undocumented immigrant they happen to encounter.

ICE agents are also targeting undocumented immigrants who have been ordered removed from the country by a federal judge — a group that the Obama administration largely left alone. And they’re targeting people who have illegally entered the country more than once, which raises their actions to a felony.”

Using that new metric, Homan said 95% of the 80,000 undocumented immigrants they’ve arrested so far fall under their newly-defined “priority” categories.

“That’s pretty close to perfect execution of the policies,” Homan said. “The numbers speak for themselves.”

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Read the rest of the article at the link.

Homan glories In his “near perfect execution” of gonzo policies that actually harm America while wasting taxpayer money. To go behind the Homan smokescreen, take a look at Maria Sacchetti’s previously posted article on what the numbers really mean:

http://immigrationcourtside.com/2017/08/11/trumps-gonzo-enforcement-policies-produce-more-removal-orders-but-fewer-actual-deportations-criminal-deportations-fall-as-dhs-picks-on-non-criminals-mindless-abuse-of-already-overwhelme/

As noted in both the USA Today article and Sacchetti’s article, criminal deportations are actually down under the Trump/Homan regime. Overall removals are also down, The difference has been made up by deporting non-criminals. Most of these are good folks, contributing to America, many with jobs providing services we need, and with U.S. families who depend on them. They are being sent to some of the most dangerous countries in the world.

Picking up many of them up took no particular skill or effort; they voluntarily showed up for periodic check-ins with DHS, were taken into custody, and removed with no rationale, other than “because we can.” For others, “due process” consisted of “final orders” issued “in absentia,” perhaps with no notice or other legal defects.

And, the only reason Homan and his minions have been able to achieve 95% of the goals, was by a mindless redefining of the “priorities” to include virtually anyone. That’s a rather lame definition of “success,” even by DHS terms.

Sure, the real problem here is Congress and the failure to enact reasonable immigration reform combined with the voters who put Trump’s xenophobic regime in power. But, that doesn’t necessarily give a “free pass” to guys like Homan who have the knowledge and experience, but fail to use it to stand up for human decency and the best interests of our country.

PWS

08–22-17

 

 

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. PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!
  3. 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.”
  4. 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!