🤥🤥🤥🤥 GOP BIG LIES ABOUT BIDEN PAROLE PROGRAM EXPOSED — AGAIN! — WashPost Fact Checker Glenn Kessler Gives Nativist Nonsense Spread By Corrupt GOP Politicos 🤮 Four (4) Pinocchios!

 

Glenn Kessler
Glenn Kessler
Fact Checker
WashPost
PHOTO: WashPost

https://www.washingtonpost.com/politics/2024/04/05/taxpayer-dollars-being-used-fly-illegal-aliens-nope/

Kessler writes in WashPost’s “Fact Checker:”

By Glenn Kessler

April 5, 2024 at 3:00 a.m. ET

“Do you support American taxpayer dollars being used to fly illegal immigrants from countries like Venezuela and Haiti into America to be settled in cities and towns near you? If so, then vote against me. Vote no to preserve this practice of using taxpayer dollars to charter planes that move and import thousands of illegal aliens into your states.”

— Sen. Bill Hagerty (R-Tenn.), in a speech on the Senate floor, March 23

“Have you had to cancel or rethink any upcoming summer trips because of high prices? Don’t worry — your taxpayer dollars will be used to pay for illegal immigrants to fly into a town near you.”

— Rep. Mark Green (R-Tenn.), chair of the House Homeland Security Committee, in a post on X, April 2

Two lawmakers from Tennessee have issued misleading statements about a Biden administration program that permitted an increased use of a process known as humanitarian parole for migrants from Cuba, Haiti, Nicaragua and Venezuela. Hagerty offered an amendment to a spending bill — defeated in a party-line vote — that he said would prevent taxpayer dollars from being used to fly in migrants. Green, on X, posted a Fox News article — headlined “All Senate Dems vote against barring taxpayer funds to fly illegal migrants to US towns” — and made a similar claim.

Under the Biden program, people from these countries who try to cross the border without the proper paperwork are ineligible for parole and subject to expulsion. Instead, before arriving, they must receive authorization to travel to the United States and a statement of financial support from a sponsor.

As of the end of February, the Department of Homeland Security says, more than 386,000 people from those countries had arrived lawfully in the United States and another 19,000 were vetted and authorized to travel. In other words, they are not in the country illegally, despite the rhetoric in the statements.

And beyond the question of whether these immigrants are “illegal,” if you listen to Hagerty and Green, U.S. taxpayers are footing the bill for their travel. That’s wrong.

. . . .

Four Pinocchios
Four Pinocchios
Source: WashPost

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

Get all the relevant facts in the complete report at the link!

Dems appear “chronically afraid of touting success” when it comes to immigration. These programs show that with leadership, creativity, and coordination, robust, realistic legal immigration programs will garner public support, be cost effective (particularly when compared with expensive, wasteful, ineffective, cruel “detention and deterrence”), take pressure off the border, and maximize America’s ability to capitalize and maximize the benefits of human migration.  

Despite the GOP’s disingenuous denial, human migration, including forced migration, is a reality! The countries that eschew “GOP-style” fear-mongering, xenophobia, and nativism to work with and manage human migration in an orderly, fair manner will own the future.

🇺🇸 Due Process Forever!

PWS

04-16-24

☠️⚰️ KILLER POLITICOS GET AWAY WITH MURDER: GOP NATIVISTS, SPINELESS DEM ENABLERS DRIVE DEATH @ THE BORDER: Locals Run Out Of Body Bags & Burial Plots As Gov’s Intentional, Immoral Failure To Properly Process Legal Asylum Seekers Takes Deadly Human Toll!🤮

Angel of Death Artist: Evelyn De Morgan 1880 Public Realm The Angel of Death (“AOD”) comes for another asylum seeker at the border. Biden border policies have created “full employment” for tge AOD!
Angel of Death
Artist: Evelyn De Morgan 1880
Public Realm
The Angel of Death (“AOD”) comes for another asylum seeker at the border. American border policies have needlessly and heedlessly created “full employment” for the AOD!

Arelis R. Hernandez, Mariana Dias, Danielle Volpe report from Eagle Pass, TX for WashPost:

https://www.washingtonpost.com/nation/interactive/2024/texas-border-eagle-pass-migrant-deaths/

. . . .

“If they’ve been in the water awhile, their skin gets pruned and webby and starts to peel off. Their eyes, nose and mouth get swollen,” [Sgt. Aaron] Horta said with a far-off look in his eyes. “For a while, I couldn’t sleep.”

By the end of 2022, Horta had recorded 225 deaths. He said it bothers him when no one claims a body, so he tries to do what he can. This past Thanksgiving, 11-year-old Cristal Tercero Medrano of Nicaragua drowned while wearing a bright-yellow Tweety Bird sweater. Horta worked with Border Patrol agents to identify her. Not long after, they found the girl’s family. Relatives sent in a photo of Cristal wearing the same yellow sweater.

“I get mad, as the father of a little girl,” Horta said. “There should be a process that isn’t the river. It gets to me, but I have to be a professional.”

. . . .

As she swiped through the images in her photo album, she landed on one of a boy in his late teens who had been in the river so long that the current had wiped the features of his face away. In another, the braces inside the mouth of a sun-scorched child were still visible. Behind [Justice of the Peace Jeannie] Smith were rows of folders detailing each death.

“River. River. Ranch. Ranch,” she said as she thumbed through the files. “John Doe. Jane Doe. John Doe. Fetus, the mother gave birth at the river, but the baby didn’t survive. They come from everywhere. I say a little prayer for each one.”

. . . .

“There’s no dignity in this,” [forensic scientist Kate]Spradley said. “But this is what our state deems acceptable.”

. . . .

As for the total fiction that immoral politicos dishonestly present (and the “mainstream media” too often mindlessly and uncritically repeats) that “deterrence — even by death” will stop forced migrants from seeking legal refuge:

[Evelin Gabriella] Gue [of Guatemala] said she and her relatives are still struggling with denial and hoping that the body Texas officials found was not her mother. They want her home, if for nothing more than to be absolutely sure it is her as they grieve. Consular officials have confirmed to the family that it is her body, though they have not submitted DNA for further verification.

Cú Chub’s family is still in debt. To pay off the loan they took out for her to migrate, they may soon make the same journey that cost them their matriarch.

So much for the deadly, irresponsible “bipartisan BS” spouted by politicos who have lost their humanity and their sense of decency!

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

Everyone should read the stomach-churning complete report at the link. 

It has lots of dramatic color photography, so folks can get “face to face” with this preventable human carnage. These are the truths and consequences that should — but aren’t —  being heard and heeded as border enforcement is discussed.

For the same amount, or likely much less, that governments at all levels are squandering on uncoordinated “proven to fail, illegal, gonzo enforcement and false deterrence,” that enriches cartels and human smugglers while killing legitimate refugees and harming our national psyche, the U.S. could build a first-class, timely, legally compliant, processing and resettlement system for forced migrants here and abroad that would reduce unnecessary border tragedies while capitalizing on the positive power of migration in today’s world. 

🇺🇸 Due Process Forever!

PWS

04-14-24

🤯☠️ BORDER DEBATE: HOW A COUPLE OF NIGHTS WITH ARROGANT NEO-FASCIST NEO-CONS 🤮  CAN POINT THE WAY TOWARD TRUE BORDER WISDOM! — Listen To The Oft-Ignored Voices Of Those Seeking Refuge — Todd Miller in The Border Chronicle!

Todd Miller
Todd Miller
Border Correspondent
Border Chronicle
PHOTO: Coder Chron

https://open.substack.com/pub/theborderchronicle/p/bridges-or-barricades-debates-in?r=1se78m&utm_medium=ios

Todd writes:

. . . .

I realized that it was really I who needed orientation and guidance from Juan Carlos. That if I wanted to understand the border, and what to do about the border, it was Juan Carlos, or anyone who was coming across for that matter, who knew the answers. He knew why he had to leave his land. He knew the specific injustices of Guatemala, which for more than a century has been a target for “unvarnished” U.S. imperialism.

[John] Bolton could have probably talked glowingly about Guatemala and the United Fruit Company, the 1954 CIA-instigated coup, a 36-year military dictatorship—supported and trained by the United States—that was behind the mass killing of civilians. Maybe being discombobulated was OK, that kind of knowing that there isn’t a clear-cut sheet of bullet-pointed answers to evolving situations around the world that uproot people, but rather an ability to courageously look across borders and actually be curious and engaged, and to listen to what people are saying. That was my indirect lesson from Bolton: maybe it is by listening, rather than talking, that debates are actually won.

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

I encourage everyone to read Todd’s complete article at the link.

Bolton Clown
John Bolton
Former National Security Clown — Always reassuring to know that “Johnny B” remains arrogant, unapologetic, outrageous, unaccountable, immoral, and wrong about just about everything!  Republished under license.

 

🇺🇸 Due Process Forever!

PWS

04-12-24

⚖️🗽 SPECTACULAR NDPA OPPORTUNITY: GENDER-BASED ASYLUM LITIGATION — Sharpen Your Skills With This Two-Part Webinar From Tahirih Justice Center, Featuring Experts Maria Daniella Prieshoff, Monica Mananzan (CAIR Coalition), & Judge (Ret.) Lisa Dornell (Round Table) — April 23, April 25!

Due Process is a true team effort!PHOTO: Tahirih Justice Center
Due Process is a true team effort!
PHOTO: Tahirih Justice Center

Maria Daniella Prieshoff writes on LinkedIn:

Maria Daniella Prieshoff
Maria Daniella Prieshoff
Managing Attorney
Tahirih Justice Center
Baltimore, MD
PHOTO: Tahirih

Want to level up your #advocacy skills for your #genderbased #asylum cases in #immigrationcourt?Want to learn from a real immigration judge the basics of presenting your case before the immigration court?Then join me for Tahirih Justice Center’s”Advancing Justice: Gender-Based Violence Asylum Litigation in Immigration Court” webinar series!

Monica Mananzan
Monica Mananzan
Managing Attorney
CAIR Coalition
PHOTO: Linkedin

Part 1 of the series is on April 23, 12-1:30pm. It will focus on the case law and strategy you’ll need to present your best gender-based asylum case, including how to handle credibility, competency, and stipulations.Monica Mananzan from CAIR Coalition will join me in this webinar. To register for Part 1: http://bit.ly/3xvwPyt

Honorable Lisa Dornell
Honorable Lisa Dornell
U.S. Immigration Judge (Retired)
Member, Round Table of Former Immigration Judges

Part 2 of the series is on April 25, 12-1:30pm. Retired Immigration Judge Lisa Dornell will explain the best practices of litigating gender-based asylum cases before an immigration judge, as well as recommendations for direct examination, cross-examination, and how to handle issues with a client’s memory, trauma, or court interpretation.To register for Part 2: https://bit.ly/3PXJqRn

Please share with your networks!Our goal for this webinar series is to help pro bono attorneys and advocates enhance their the advocacy for #genderbasedviolence to have #immigrationjustice – we’d love for you to join us!

Registration Links here:

https://www.linkedin.com/posts/maría-daniella-prieshoff-61884435_advocacy-genderbased-asylum-activity-7183838321515626498-byB_?utm_source=combined_share_message&utm_medium=member_desktop

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

Wonderful learning opportunity! Many thanks to everyone involved in putting it together! 

Trial By Ordeal
Litigating gender-based asylum cases can still be an “ordeal” at EOIR, despite some decent precedents. Learn how to avoid this fate for your clients!
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

Wonder whatever happened to the “gender-based regulations” that Biden ordered to be drafted by Executive Order issued shortly after taking office? At this point, given his “lobotomized/running scared/retrograde/Trumpy Lite” position on asylum seekers and immigrants’ rights, probably just as well that they died an unheralded bureaucratic death (just as similar assignments have in the last three Dem Administrations over a quarter century).

Outside of a few Immigration Judges, who, because they understand the issue and have worked with asylum-seeking women, would never be asked anyway, I can’t really think of anyone at DOJ who would actually be qualified to draft legally-compliant gender-based regulations!

GOP are misogynists. Dem politicos are spineless and can’t “connect the dots” between their deadly, tone-deaf policies and poor adjudicative practices aimed at women of color in the asylum system and other racist and misogynistic polities being pushed aggressively by the far right! While, thankfully, it might not “be 1864” in the Dem Party, sadly, inexplicably, and quote contrary to what Biden and Harris claim these days, it’s not 2024 either, particularly for those caught up in their deadly, broken, and indolently run immigration, asylum, and border enforcement systems!

🇺🇸  Due Process Forever!

PWS

04-11-24

☠️ ⚰️ DEADLY “BIPARTISAN BORDER POLICIES” CONTINUE TO TAKE AN UGLY HUMAN TOLL 🤮 WHILE FAILING TO DETER REFUGEES FROM SEEKING PROTECTION, EVEN IF THEY DIE IN THE PROCESS! — Melissa Del Bosque Interviews Leader Of “No More Deaths” About Shocking Increase In Preventable Deaths Caused By Cruel, Costly, & Ineffective “Bipartisan Deterrence!”  — As Innocents Die, The “Mainstream Media” Take A “Moral & Ethical Holiday!” 🤯 

Melissa Del Bosque
Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

Melissa reports in the latest issue of The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/a-new-report-shows-skyrocketing-deaths?

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Your paid subscription makes a difference at The Border Chronicle. Thank you for your support!

A New Report Shows Skyrocketing Deaths in El Paso, New Mexico Border Region

“It’s really just shocking how close to help a lot of people died,” says Bryce, who led the report for the nonprofit No More Deaths.

MELISSA DEL BOSQUE
APR 9
READ IN APPpastedGraphic_2.png
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Illustration from the new report. Each red dot represents a life lost.

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As safe corridors for migration disappear, more people risk their lives crossing the U.S.-Mexico border. And more people die. A new report by the nonprofit No More Deaths, along with a searchable map and database, documents the increasing number of migrant deaths at the border in New Mexico and far West Texas. Until now, not much research has been done on the deaths of people migrating through this section of the border. The project was led by Bryce, a No More Deaths volunteer (who asked that we not use his last name because the Far Right has recently been targeting the group). He, along with several others, have created the most comprehensive database to date of deaths in the Border Patrol’s El Paso Sector, which includes New Mexico and two counties in Texas, El Paso and Hudspeth. The report covers 15 years, from 2008 to 2023, and it shows many disturbing trends, including the acceleration of deaths that has accompanied “prevention through deterrence,” the U.S. government’s strategy implemented in the 1990s to push migrants into more remote, dangerous crossings. That strategy is now morphing into something all the more tragic as people, increasingly women and children, are barred from accessing asylum and are dying at the doorstep of American cities and towns. In this Q&A, Bryce talks about documenting these deaths, and the discoveries that both shocked and angered him in creating this new report.

Why did you study this particular part of the border in New Mexico and far West Texas?

A couple of years ago, a few of us started getting interested in what’s happening in New Mexico, and whether there’s any need for humanitarian aid out there, just because we hadn’t really heard anything but assumed there must be something happening out there. Quickly, we noticed that there was not much data in general about the area. So I started doing public records requests. And pretty quickly, just with the first batch of data, we got about 20 deaths for 2022. We went to some of those locations to see if we’d see trails. And while we were checking out some of these locations, we found human remains right across the street from a cemetery and about 50 feet from a main road in Sunland Park [New Mexico]. It was not a remote place. It was right in town. So we started looking at the Sunland Park Fire Department’s social media page, and quickly realized that there was a lot happening and quickly. And then 2023 ended up being this record deadly year for the area.

It’s shocking that you found a dead person right there in the middle of Sunland Park. Can you tell me more about this person? Were they identified? How long had the person been there? And how could this have been missed by people who live there?

He was later identified as a man from Colombia. [His name was Johan Orozco Martinez, age 36.] He had been there for a couple of days. I’m not joking when I say he was right across the street from the Memorial Pines Cemetery, and near the shoulder of the road. Many cars drive this road, but I think typically people look toward the cemetery, and I guess they didn’t see him because they were looking in the other direction. He was in his 30s and so older than many of the usually young men you see, for instance, crossing through southern Arizona.

Two findings that really stand out to me from your report are the number of women who have died, and how increasingly people are dying within city limits and no longer just in remote areas that are hard to access. I mean, you found a person in the middle of Sunland Park. What’s going on, do you think?

The dynamics of migration are complex. But one thing that seems pretty clear is that the asylum policies in the last few years have led to an increase in some of these deaths, just from people trying to get asylum and being prevented either by metering or by turnbacks. And then feeling they have no choice but to cross through the desert. A lot of people who are crossing are older, they’re women, they’re people with health problems. The demographics, we found, were much different in the El Paso sector than in southern Arizona, with people being older and more than 50 percent of the deaths in 2023 being of women, which is unusual.

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When did the deaths start increasing? And has the increasing militarization of the border and Operation Lone Star in El Paso contributed to these deaths?

Up until 2015, there were very few deaths in this area. But especially since 2018, the deaths have just been ramping up every single year. We were in New Mexico watching Operation Lone Star soldiers put up a barbed-wire fence between New Mexico and El Paso in an area where a lot of people cross. So once you’re in the United States, even crossing into Texas from the New Mexico side has become more deadly. And you can see National Guard in El Paso patrolling and pushing people back. The more enforcement, the more the deaths increase. In El Paso, there are what I call “moats” because if people climb the border wall, there’s an irrigation canal right on the other side, which at times can be moving very quickly. Then beyond that there’s multiple highways and more canals. So if someone is being chased by Border Patrol or Operation Lone Star, there are multiple deadly obstacles.

In 2022 there was a two-week period when 15 people died in the canals, one right after the other. This was during irrigation season in El Paso. Water is released from a reservoir in New Mexico into the canals and the river to irrigate farmland further east of El Paso. When that happens, the water can be going like 20 miles per hour. Unless somebody physically rescues you, there’s no way of getting out once you’ve fallen in. I watched a news broadcast in El Paso where they made a public service announcement about drowning deaths in El Paso, saying like, “Irrigation season is here, stay away from the canals, watch out for drowning.” But if you read all the autopsy reports, it’s almost all migrants dying. Because the medical examiner doesn’t flag whether it’s a migration-related death, you end up getting these weird statistics about drowning deaths being on the rise in El Paso. And so they’re directing these public safety messages toward El Paso residents who are actually in very little danger of drowning. And the people who are in danger of drowning, the migrants, have no idea.

Did you also find an increase in the deaths of children?

Definitely, yes. In 2018, two eight-year-old Guatemalan kids died. There’s a lot of teenagers dying, crossing the border wall, a lot of them drowning in El Paso city itself. For instance, there was a Russian man and his teenage daughter who both fell into a canal and drowned. They were running from Border Patrol agents. I believe that happened in 2021. We saw fewer deaths of younger people in New Mexico.

You also found that Customs and Border Protection is significantly undercounting deaths related to enforcement. Can you talk about this finding?

CBP is supposed to keep track of migrant deaths and CBP enforcement-related deaths, but we found that the agency is severely undercounting them. There’s been a lot of documentation in the past, talking about that fact, but there hasn’t been a whole lot of quantifying that undercount. Aside from the Arizona data that the Pima County Office of the Medical Examiner and Humane Borders have reported. For example, in one year we found 39 deaths, while CBP reported only 10 deaths.

We looked at investigator reports and so we were able to read the narratives, and learn circumstances around the deaths. We were able to see if someone was chased by Border Patrol, either on foot or by vehicle, or if they died in Border Patrol custody. We found that Border Patrol had tried to underplay some of these deaths.

We found that 15 percent of all migrant deaths in the El Paso sector were caused directly by Border Patrol due to chases or use of force, also due to custody deaths, or falls from the border wall. Humane Borders doesn’t track deaths related to Border Patrol enforcement. So this is the first instance that I’m aware of, where we are able to quantify the CBP undercount of Border Patrol-related deaths.

For 2022, for instance, we found 16 deaths that should have been reported by CBP as CBP-related deaths. CBP had only reported six of those deaths. Of the 16 we found, I think it’s still an undercount, because a lot of the investigative reports use vague or passive language about a person “jumping into the canal,” for instance. So you don’t know if the person was actually chased. So we only included cases where it’s very explicit.

What surprised you most in working on this report?

It’s really just shocking how close to help a lot of people died. I’m used to southern Arizona, where the terrain and trails are very remote. But we found people dying across the street from the cemetery, people dying a short walk from the Dollar General store. We’ve had this narrative of “prevention through deterrence” for the last few decades, which has pushed people away from cities into remote areas where they’re more prone to dying from heat exposure or something else. But now the border is militarized to the point where even Sunland Park, this suburb of El Paso, can be as deadly as the middle of nowhere in southern Arizona.

Last June, for instance, something like 40 percent more people died in Doña Ana County in New Mexico than the entire state of Arizona. Most of these deaths were close to the highway or close to a town. It’s a dynamic that has not really been studied. And the fact that it’s been happening for years without anybody really noticing is really scary.

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With these findings, are No More Deaths and other humanitarian groups mobilizing to do search-and-rescue and water drops in this area?

Like Texas, much of the land in New Mexico where people are dying is privately owned land, so it’s difficult to access for humanitarian groups.

We’ve been going there about once a month for the past year to try to organize some support. There’s a group that doesn’t have a name yet that we’ve started to work with, that’s putting out water in some of these areas. There’s another group from southern Arizona that has moved over to New Mexico to search for remains in the desert.

We’re hoping the news will spread and that others will join to help. We have some money to help out some groups that are forming. We’re really hoping that groups will form on their own for search-and-rescue and putting out water. Because right now, Border Patrol is the only game in town if you call 911 as a migrant. And Border Patrol has a horrible track record of actually helping anybody.

To get involved, learn more, or support humanitarian efforts, contact No More Deaths here.

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Border Death
Too many members of the so-called “mainstream media” are ignoring their moral, professional, and ethical duties to report honestly on the known, preventable “human collateral damage” resulting from both current and proposed anti-asylum “border enforcement” policies!  It’s been going on for years, largely “under the political and media radar screens!” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

Two things stand out: 

  1. A complete lack of accountability for the misguided politicos and bureaucrats who are dishonestly pushing these immoral and ineffective policies without “owning up” to both the known deadly consequences and the lack of long-term “deterrent” value (even assuming, as I do not, that effective deterrence could justify immoral and illegal policies) of the actions they are touting; and 
  2. A complete abdication of professional journalistic standards and performance from the many members of the so-called “mainstream media” who fail to include in each report on draconian “border control” proposals and “policies” the deadly, well-documented human consequences of those policies and who provide a toxic forum for politicos and supposed “pundits” spouting myths and  nativist propaganda about “border enforcement,” without presenting experts like Melissa, Todd Miller and many others who have actual experience with the unending trauma and futility caused by our current misguided, often flatly illegal, and clearly immoral approach to “border enforcement.”

🇺🇸 Due Process Forever!

PWS

04-10-24

   

🇺🇸🗽 GOP LIES, DEM RETICENCE, OBSCURE A BIDEN IMMIGRATION SUCCESS STORY — Parole Program Works, Models Need & Opportunity For More Legal Immigration Pathways!

Matt Shuham
Matt Shuham
National Desk Reporter
HuffPost
PHOTO:HuffPost

https://www.huffpost.com/entry/biden-cuba-haiti-nicaragua-venezuela-parole-republicans_n_66058245e4b090bf41ba958e

Matt Shuham reports for HuffPost:

While most of the debate over immigration focuses on the U.S.-Mexico border, one of President Joe Biden’s most effective policies so far has occurred elsewhere ― at airports.

For a little over a year, Biden has used what’s called “parole” authority to collectively allow up to 30,000 vetted Cubans, Haitians, Nicaraguans and Venezuelans per month into the country, mostly via air travel, for a temporary two-year window.

The program is based on the authority held by the federal government under the 1952 Immigration and Nationality Act to grant temporary admission to foreigners on a “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” And, the Biden administration touts, it has been accompanied by drops in the number of nationals from each of these countries who’ve crossed the U.S.-Mexico border on foot.

But to hear some right-wingers talk about it, the “CHNV parole” program — the name an acronym for the nationalities it encompasses — is a secret, treasonous endeavor that utilizes government-funded charter flights to transport “illegal” migrants into the United States. None of that is true, but that doesn’t seem to be the point.

“I don’t know of anyone in Congress who knew this!” exclaimed Sen. Ted Cruz (R-Texas) on a podcast episode, just 14 months after Biden himself announced the CHNV parole program during a public press briefing and despite regular publications of data on the program by the Department of Homeland Security.

The false accusations of secret taxpayer-funded charter flights ferrying unvetted migrants to new lives in the United States plays into Republican attempts to cast immigration issues as a major crisis — and one on which Democrats are failing — ahead of the 2024 election.

. . . .

The precedent to the CHNV parole program was introduced in October 2022, when the Department of Homeland Security created a parole program for Venezuelans that was modeled on the Ukrainian program, requiring applicants to have a U.S.-based sponsor who’s financially able to support them and to pass vetting and background checks. In January 2023, the White House announced the program would expand to include Cuba, Haiti and Nicaragua.

Individuals from those four counties who meet the requirements and haven’t attempted to cross the U.S.-Mexico border between ports of entry are allowed to fly from their home countries into the United States rather than appearing in person at land border crossings.

Since January 2023, more than “386,000 Cubans, Haitians, Nicaraguans, and Venezuelans arrived lawfully and were granted parole under the parole processes,” U.S. Customs and Border Protection wrote in a February 2024 update.

“There’s no doubt that the CHNV program is by far the largest-scale parole program that any administration has done in decades,” said Aaron Reichlin-Melnick, policy director at the American Immigration Council, a research and legal advocacy organization.

And data supports the administration’s claim that the parole program, as part of a larger package, has helped discourage “irregular” migration.

As the Cato Institute reported in September, illegal entries by Venezuelans fell 66% from September 2022 to July 2023 and from December 2022 to July 2023, illegal entries fell 77% for Haitians, 98% for Cubans and 99% for Nicaraguans. Compared with peaks in CHNV numbers in 2021 and 2022, the report added, July 2023 arrests for those four nationalities were down 90%.

“There has not been a single month where unlawful entries of the four countries combined has been above the level it was in December 2022,” Reichlin-Melnick said.

The White House announced the policy as part of a package explicitly meant to “increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” The Biden administration grouped the program with others meant to encourage “legal pathways” into the United States ― such as increased refugee admissions and asylum opportunities in other countries ― and alongside harsher border enforcement for migrants who broke the rules.

Naree Ketudat, a spokesperson for the Department of Homeland Security, told HuffPost in a statement that the CHNV parole process was part of a strategy to “combine expanded lawful pathways with stronger consequences to reduce irregular migration, and [has] kept hundreds of thousands of people from migrating irregularly.”

And yet many on the right have misrepresented ― or simply lied about ― what the parole program is, playing on anxieties about race and national identity to paint it as part of a supposed scheme by Democrats to overwhelm the country with new residents or somehow displace American citizens.

. . . .

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

Read the complete article at the link.

Beyond the barrage of racially-driven GOP lies, Dems have failed to capitalize on the success of Biden’s efforts and its benefits to the U.S. economy. Significantly, rather than just “moaning and groaning” about the so-called “immigration problem,” the Biden Administration actually took innovative action to address the situation.

The GOP claim that the program is “secret” is a blatant lie! Yet, you would be hard pressed to find any recent examples of Biden, Harris, their campaign officials, or Dem politicos touting the success of the parole program or the critical role of immigration of all types in the continuing strong performance of the U.S. economy.

You would would be much more likely to come across disingenuous statements blaming the GOP for not giving Biden “authority” to close the border, violate human rights, inflict more needless cruelty, and otherwise dehumanize asylum seekers at the Southern Border. In this way, Dems unwisely are playing along with the GOP nativists and giving them “cover” for their lies.

I’ll admit to initially being somewhat skeptical about the parole program, mainly because it could be seen as deflecting attention from much needed reforms and revitalization of existing legal programs for the admission of refugees and asylees that had been intentionally “kneecapped” by the Trump Administration.

Of course, no “pilot program” like this — particularly one with nationality restrictions and somewhat arbitrary numerical limits — can solve overnight problems allowed to fester for years. Yet, the parole program has demonstrated important principles that should form the basis for more durable legislative reforms of our legal immigration system:

  • Given realistic options, most individuals would choose to be pre-screened and apply from abroad (i/o/w “If you build it, they will use it!”);
  • Private sponsorships can play a key role in the selection, welcoming, resettlement, and integration process for legal immigration;
  • Allowing immigrants to work immediately upon arrival — rather than forcing them into an overburdened and over-bureaucratized work authorization process — benefits everyone;
  • More robust legal immigration opportunities will reduce pressure on the border and keep cases out of the backlogged Immigration Courts.

Rather than being a “false bone of contention” in the “immigration debate,” innovations like the parole program should form an empirical basis for bipartisan legal immigration reform and expansion that will benefit our nation and those who seek to become part of it in the 21st Century. 

🇺🇸 Due Process Forever!

PWS

04-08-24

⚖️🗽 BECKY QUOTES BECKETT, AS FEDERAL JUDGE “SCHOOLS” ADMINISTRATION, GOP NATIVISTS ON WHO THE “LAWBREAKERS” REALLY ARE! — USG Bears Legal (Not To Mention Moral) Responsibility For Forcing Children Into Squalid Camps ☠️🤮 To Await Processing That (By Law) Should Be Timely & Professionally Available @ The Border (But, By Design, Isn’t)!🏴‍☠️

Becky Wolozin
Becky Wolozin
Senior Attorney, National Center For Youth Law
PHOTO:Linkedin

Becky Wolozin, Senior Attorney, National Center For Youth Law, posted on LinkedIn:

I feel so privileged to have been part of this, to do something a good thing for people in this cruel world. Immensely proud of the advocates, migrants, and colleagues who worked together to hold the government to account and protect immigrant children caught in the fray of politics and an uncaring immigration system. It is a professional dream come true to be a member of Flores Counsel with National Center for Youth Law!

“Let us do something, while we have the chance! It is not every day that we are needed. Not indeed that we personally are needed. Others would meet the case equally well, if not better. To all mankind they were addressed, those cries for help still ringing in our ears! But at this place, at this moment of time, all mankind is us, whether we like it or not. Let us make the most of it, before it is too late!” ~ Waiting for Godot, Samuel Beckett

https://www.nytimes.com/2024/04/04/health/migrant-children-border-housing.html?smid=nytcore-ios-share&referringSource=articleShare

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Thanks, Becky, for your talent, dedication, and humanity, all of which stand in sharp contrast to border bureaucrats, DOJ Attorneys, and scofflaw nativists who have “weaponized” myths, dehumanization, dereliction of legal duties, and abdication of moral responsibility! This is a great example of the type of expertise and teamwork to get the job done that is all too seldom seen from the Administration, Congress, and the Judiciary in today’s toxic and too often fact- and morality-free immigration (non) debate! I’m glad that Judge Gee saw through the Garland DOJ’s pathetic attempt to evade legal responsibilities by making arguments that easily could’ be characterized as frivolous! 

You can check it out yourself as quoted from the above NYT:

In response, lawyers for the Department of Justice argued that because the children had not yet been formally taken into custody by American customs officials, they were not obligated to provide such service. They did not dispute that the conditions in the encampments were poor.

Come on, man!👎🤯

Waiting for Godot
Samuel Beckett’s “Waiting for Godot,” and “Theater of the Absurd,” perhaps surprisingly, have continuing relevance to today’s “off the rails” immigration “debate.”
Naseer’s Motley Group in The Rose Bowl
Merlaysamuel
Creative Commons Attribution-Share Alike 3.0
Waiting for Godot in Doon School.jpg Copy
[[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]]
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December 8, 2011
I also loved the quote from “Waiting for Godot!” As Courtside readers may know, the “Theater of the Absurd,” Samuel Beckett, and “Waiting for Godot” have previously found their way into my postings about Garland’s incredibly lackadaisical approach to “justice @ Justice!” See, e.g., https://immigrationcourtside.com/2023/12/22/%e2%9a%96%ef%b8%8f-followng-scathing-report-on-abuse-of-kids-in-immigration-court-eoir-announces-some-reforms-rekha-sharma-crawford-reports/.

🇺🇸Due Process Forever!

PWS

04-06-24

⚖️ ROUND TABLE’S HON. JOAN CHURCHILL WILL LEAD AN ALL-STAR 🌟 PANEL FOR AN ABA CLE WEBINAR ON ARTICLE I: PRESERVING DUE PROCESS & THE RULE OF LAW — Wednesday, April, 17 @ 1:00 PM EST — Registration Link Here!

Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member Round Table of Retired Judges

Here’s the registration link: https://www.americanbar.org/events-cle/mtg/web/438313794/

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Thanks for forwarding this, Joan, and for your decades of leadership and work on Article I!

🇺🇸 Due Process Forever!

PWS

04-05-24

🇺🇸🎖️⚖️🗽 😇 R.I.P. — PETER SCHEY (1947-2024) — Legendary Litigator, Human Rights Advocate, Champion Of Equal Justice For All, Founded National Immigration Law Center, Center For Human Rights & Constitutional Law

 

Tribute by Juan Jose Gutierrez* in LA Education:

https://laeducacion.us/fallecio-peter-schey-apostol-legal-de-millones-de-inmigrantes-mexicanos-y-latinoamericanos/

Attorney Peter Schey (1947-2024)
Attorney Peter Schey (1947-2024)

The Angels.

Today [April 2] at 1:15 in the afternoon the heart of a giant of jurisprudence stopped beating. He alludes to the lawyer defending human rights, civil rights and constitutional law, the great friend of Mexico and Latin American immigrants, lawyer Peter Schey. He was 77 years old.

Schey was born in the Republic of South Africa, on March 23, 1947. He came with his parents, who emigrated to the United States. Upon graduating from high school in 1966, he applied for and was admitted to pursue a bachelor’s degree in psychology at the University of California, Berkeley, where he graduated in 1970. Additionally, in 1973 he completed his studies in law school at the California Western School. of Law.

His career as a jurist began in 1973. He practiced law at the Legal Aid Society of San Diego, where he had legal representation of low-income immigrants, until 1978, when he moved to the City of Los Angeles, where he founded the National Immigration Law Center.

Desire for justice motivated him to move from San Diego to LA

The main reason that prompted him to leave the City of San Diego was related to the arrest of Mexican activist José Jacques Medina. He had been arrested and imprisoned by agents of the Federal Bureau of Investigation (FBI).

Due to his undocumented status, the FBI handed him over to the Department of Immigration and Naturalization (INS) to immediately deport him to Mexico. Jacques Medina’s wife, Rosario Moreno, traveled from Los Angeles to San Diego to ask Schey to assume the legal defense of her husband.

He immediately accepted and took on the defense with passion and professionalism, which would last for a dozen years until in 1989 or 1990 his case was closed because Jacques Medina requested and obtained his immigration regularization through the “Amnesty Law” of 1986. During that period, the defense stopped his deportation under consideration of the defendant’s right to asylum. He argued that if he were returned to Mexico his life was in danger.

Founded legal institution of historical significance

In 1980, Schey founded and became president and CEO of the Center for Human Rights and Constitutional Law. He remained at the head of this important institution for 44 years and 4 months.

In these four decades, Schey filed Class Action lawsuits in favor of the constitutional rights of millions of immigrants from various parts of the world, but especially Mexicans and Latin Americans. I will mention three examples:

1.- In 1994, the Californian political extreme right adopted a fascist, racist and cruel policy against undocumented immigrants and created Proposition 187, which was approved by a majority of the state electorate in November of that year. This resolution denied medical care, social services and education to people suspected of having entered California irregularly.

However, the day after its approval, this ordinance was stopped in court by a lawsuit led by Peter Schey and known as League of United Latin American Citizens v. Wilson. After a severe legal battle, this very important lawsuit prevented said proposal from being implemented, which meant a major offense to the migrant community. In July 1999, Democratic Governor Gray Davis reached an agreement with leaders of pro-immigrant organizations and his lawyers and gave up appealing the decision of the Ninth Circuit Court of Appeals that had declared it unconstitutional. And therefore, this disastrous Proposition was canceled without it ever being able to be implemented.

2.- Another legal case, known under the title Flores v. Reno established a minimum standard of quality of life for undocumented immigrant children detained in the United States and recognized the Center for Human Rights and Constitutional Law as the only nongovernmental organization authorized to certify that detention centers housing any undocumented minor met the agreed minimum standards and also established the prompt release of the minors and that they could be delivered to relatives residing in the United States as soon as possible.

3.- I cannot close this remembrance of Schey without mentioning the case known as Plyler v. Doe. Schey participated in this lawsuit and it was filed because in 1977 the State of Texas ordered that in the public school system, children who did not provide proof of being citizens of the United States would have to pay the school district, to which their school belonged, one thousand dollars. or would not be allowed access to the instruction.

In 1982, the US Supreme Court ruled that ‘a state cannot prevent the children of undocumented immigrants from attending public school.’

With these three examples, among many others that could be cited, it is clear that millions of undocumented girls and boys and workers must be eternally grateful to benefactor Peter Schey because thanks to his efforts in the courts, today they enjoy legal protections.

In short, thanks to his social education, his effort, persistence and tenacity as a general of immigration laws and constitutional law, as our great colleague Peter Schey undoubtedly was, countless immigrants can enjoy a decent life.

*Juan José Gutiérrez is executive director of the Full Rights Coalition for Immigrants based in Los Angeles.

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Needless to say, I butted heads with Peter a number of times during my tenure in the Office of General Counsel at the “Legacy INS” (1976-87).  I always had the greatest respect for his legal talent, courage, dedication, and persistence! He will be missed! But, his contributions to the law and the organizations he founded live on.

🇺🇸 Due Process Forever!

PWS

04-04-24

🦸🏽‍♀️🦸🏻‍♀️🦸‍♀️ WOMEN’S HISTORY MONTH: “CELEBRATING THE AMAZING WOMEN AT CAIR COALITION!”👍👍👍👍👍

 

https://www.linkedin.com/posts/capital-area-immigrants%27-rights-cair-coalition_womenshistorymonth-activity-7178017390742380548-LB74?utm_source=share&utm_medium=member_ios

Celebrating the Amazing Women At CAIR Coalition
Celebrating the Amazing Women At CAIR Coalition

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Congrats, endless admiration, and much appreciation to all of these amazing and inspiring leaders! CAIR Coalition was a mainstay of the pro bono program during my tenure at the “Legacy” Arlington Immigration Court. Many outstanding leaders of the legal profession have been associated with CAIR. They have saved countless lives and made American society better and fairer!

As Courtside readers know, I am particularly proud of Adina Appelbaum, Program Director, Immigration Impact Lab.  Here’s what I wrote about her in a past Courtside post:

I’m very proud to say that a member of the “CAIR Team,” Adina Appelbaum, program Director, Immigration Impact Lab, is my former Georgetown ILP student, former Arlington Intern, and a “charter member” of the NDPA! If my memory serves me correctly, she is also a star alum of the CALS Asylum Clinic @ Georgetown Law. No wonder Adina made the Forbes “30 Under 30” list of young Americans leaders! She and others like her in the NDPA are ready to go in and start cleaning  up and improving EOIR right now! Judge Garland take note!

https://immigrationcourtside.com/2021/03/06/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8fbia-continues-to-spew-forth-errors-in-life-or-death-%e2%98%a0%ef%b8%8f-asyum-cases-says-4th-cir-three-in-one-improperly-d/

If only Garland had followed the advice of many of us to recruit amazingly talented expert leaders like Adina to reform and institutionalize due process at EOIR, the immigration “debate” would be completely different today!

🇺🇸 Due Process Forever!

PWS

03-29-24

🤪 DISTORTED JUSTICE: From Inanely Denying Persecution To Ignoring Evidence, Garland’s Biased Courts Warp The Immigration Narrative By Improperly Rejecting Many Valid Claims!🤮

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Two More Classic Examples of AG’s “Judicial Malpractice” With Lives At Stake From Dan Kowalski @ LexisNexis:

1. CA9 on Persecution: Singh v. Garland

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/03/22/22-211.pdfl

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca9-on-persecution-singh-v-garland

“Singh experienced multiple physical attacks and death threats over an eight-month period, from November of 2014 to June of 2015. No reasonable factfinder would conclude that Singh did not experience serious harm rising to the level of persecution. … For all these reasons we find that the record compels a finding that Singh suffered harm rising to the level of persecution. … [T]he BIA did not independently analyze relocation and determine that the government met its burden. Rather, the BIA expressly adopted the IJ’s reasons for finding that internal relocation was safe and reasonable. In doing so, the BIA adopted the IJ’s flawed relocation analysis, which did not afford Singh the presumption of past persecution or shift the burden to the government to prove that Singh can safely and reasonably relocate within India. … In sum, because the BIA erred in its relocation analysis, we grant Singh’s petition to review his claim for asylum and remand to the BIA for consideration in light of Singh v. Whitaker, 914 F.3d 654. … For the reasons set forth above, we GRANT Singh’s petition in part and REMAND to the BIA to consider (1) whether Singh is eligible for asylum because he suffered past persecution on account of statutorily protected grounds by the government or individuals whom the government was unable or unwilling to control; (2) if so, whether the DHS rebutted the presumption of a well-founded fear of future persecution; and (3) whether Singh is entitled to withholding of removal.”

[Hats off to Inna Lipkin!]

Inna Lipkin, Esquire
Inna Lipkin, Esquire
PHOTO: Law Office of Inna Lipkin

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

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2. BIA Ignores Evidence, CA2 Remands

https://ww3.ca2.uscourts.gov/decisions/isysquery/b4acba28-c76c-439c-bf1f-032d1674929f/15/doc/22-6420_so.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/bia-ignores-evidence-ca2-remands

Mendez Galvez v. Garland (unpub.)

“The agency entirely overlooked evidence material to the hardship determination in this case: evidence regarding Mendez’s serious back injury and its implications for his ability to support his qualifying relatives through work in El Salvador. … The BIA’s decision is VACATED and the case is REMANDED for further proceedings consistent with this order.”

[Hats off to H. Raymond Fasano!]

H. Raymond Fasano, Esquire
H. Raymond Fasano, Esquire
PHOTO: Super Lawyers Profile

Daniel M. KowalskiEditor-in-ChiefBender’s Immigration Bulletin (LexisNexis)

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What if a brain surgeon or a heart surgeon were routinely engaging in “surgical malpractice?” Wouldn’t it be a cause for grave concern?🤯

Almost every week, sometimes multiple times, the BIA mishandles the basics in potential “life or death” cases. Yet, Garland somehow shrugs it off! This not only adds to the “dehumanization” of migrants (their lives don’t count), but also badly skews the statistical profile that undergirds much of the misguided immigration (non) dialogue. 

If the anti-immigrant, anti-asylum, huge “over-denial” problem at EOIR were addressed with better qualified judges and adjudicators, it would become apparent that many more, probably a majority, of those caught up in the dysfunction at EOIR and the Asylum Office are qualified to remain in the U.S. in some status. And, proper positive precedents would guide practitioners, ICE Counsel, Immigration Judges, and Asylum Officers to correct results without protracted litigation that eventually burdens the Courts of Appeals, causes avoidable remands, fuels “Aimless Docket Reshuffling,” and contributes mightily to the mushrooming EOIR backlog!

As a result, these cases could be prepared, prioritized, granted, and individuals could get on with their lives and maximize their human potential to help our nation — just as generations before them have done including the ancestors of almost all Americans! How soon some of us forget!

 The real, largely self-created, “immigration crisis,” is NOT insufficient “deterrence, detention, and cruelty” at the border! It’s the grotesque failure of all three branches of Government to insist on a fair, timely, well-staffed, professionally-managed, due-process-compliant adjudication, review, and resettlement system for asylum seekers and other immigrants. It’s also the ongoing attempt to “cover up” and minimize our Government’s mistreatment of asylum seekers, particularly those asserting their legal right to apply at our borders and in the interior regardless of status!

The racially-driven “targeting” of asylum seekers at the border is a ruse designed to deflect attention from the realities of human migration, what drives it, and the failure of governments across the board to come to grips with them and to fulfill their legal responsibilities to treat all persons fairly, humanely, and in accordance with correct interpretations and applications of the law!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Here’s additional commentary on Singh from my Round Table ⚖️⚔️ colleague “Sir Jeffrey” Chase:

The IJ was really determined to deny on this one. And I guess Vandyke had filled his quota of once in a lifetime for finding fault with the government, and thus had no choice but to dissent.

How would YOU like to face a system “determined to deny” with your life on the line? How would Garland like it?

Actually, under the generous “well-founded fear” standard applicable to asylum (Cardoza-Fonseca/Mogharrabi) and the authoritative guidance in the U.N. Handbook on adjudication, applicants like Singh who testify credibly are supposed to be given “the benefit of the doubt.” Garland has, quite improperly, like his immediate predecessors, allowed this key humanitarian legal principle to be mocked at EOIR! Instead, as cogently pointed out by “Sir Jeffrey,” here the IJ and the BIA actually went the “extra mile” to think of “any reason to deny” — even totally specious ones!

Also, half-baked, legally deficient “reasonably available internal relocation analysis” is a long-standing, chronic problem at EOIR, despite a regulation setting forth analytical factors that should be evaluated. Few, if any, such legitimate opportunities are “reasonably available” in most countries sending asylum applicants!

Moreover, once past persecution is established, the DHS has the burden of showing that there is a reasonably available internal relocation alternative, something that they almost never can prove by a preponderance of the evidence! Indeed, in my experience, the DHS almost never put in such evidence beyond rote citations to generalized language in DOS Country Reports! 

The “judicial competency/bias” problems plaguing EOIR are large and well documented. Yet, Garland pretends like they don’t exist!

Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

🇺🇸 Due Process Forever!

PWS

03-28-24

⚖️ BREAKING: 5TH CIR. LEAVES STAY OF SB 4 IN PLACE!

J. David GoodmanHouston Bureau Chief NY Times PHOTO: NYT website
J. David Goodman
Houston Bureau Chief
NY Times
PHOTO: NYT website

https://www.nytimes.com/2024/03/27/us/texas-migrant-law-appeals-court.html?unlocked_article_code=1.f00.EVy6.W8k2Dmf2Odr-&smid=nytcore-ios-share&referringSource=articleShare&ugrp=u

J. David Goodman reports for NYT:

A federal appeals court late Tuesday ruled against Texas in its bitter clash with the federal government, deciding that a law allowing the state to arrest and deport migrants could not be implemented while the courts wrestled with the question of whether it is legal.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, which has a reputation for conservative rulings, sided in its 2-to-1 decision with lawyers for the Biden administration who have argued that the law violates the U.S. Constitution and decades of legal precedent.

The panel’s majority opinion left in place an injunction imposed last month by a lower court in Austin, which found that the federal government was likely to succeed in its arguments against the law.

. . . .

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Read the complete report at the link.

🇺🇸 Due Process Forever!

PWS

03-27-24

⚖️⚔️🛡️ ROUND TABLE CHAMPIONS NAIJ, RIPS EOIR “GAG ORDER!” — PLUS, BONUS COVERAGE: “NAIJ Is An Essential Force For Judicial Independence!” — A “Mini-Essay” By Hon. “Sir Jeffrey” Chase!

Round Table Logo

Round Table, Gag, Chase Essay

The Round Table of Former Immigration Judges Statement on EOIR’s Prior Restraint on NAIJ Speech

As former Immigration Judges and BIA Board Members we strongly protest the unconstitutional prior restraint imposed by the Executive Office for Immigration Review (EOIR) which effectively silences the officers of the National Association of Immigration Judges (NAIJ) and prohibits them from providing information or engaging in advocacy involving the complex workings of our nation’s Immigration Court system. We call for immediate reversal of this misguided policy.

In late February 2024 EOIR advised NAIJ officers that they could not speak publicly without obtaining advance permission through the agency’s “”SET” (Speaking Engagement Team) process, a requirement which was never imposed before. This is a cumbersome, multistep process which requires Immigration Judges to seek permission from their supervisors, the SET unit, and sometimes even EOIR’s Ethics team and the Office of Policy. It provides no time frames for decisions nor any opportunity for review of adverse determinations. It is a process which is wildly incompatible with the practical realities involved in responding to media or congressional inquiries which often involve extremely short deadlines, sometimes mere hours or days. Mandating union officers use this process is a thinly disguised gag order.

This step is a dramatic departure from a precedent of more than 50 years, since NAIJ was established in 1973 and was never previously mandated to seek prior approval for appearances or speech. It ignores the uncontroverted fact that NAIJ officials scrupulously provide disclaimers indicating that they are not speaking on behalf of EOIR [or its parent, the Department of Justice (DOJ)] or articulating any position except that held by NAIJ members. It unfairly penalizes NAIJ officers who risk personal discipline for insubordination should they fail to comply but are then hampered in the duties owed to their union members when they remain silent.

NAIJ has played a pivotal role fostering the independence and increased professionalism of the Immigration Courts. It brought home to Congress the crucial function that IJs serve in the deportation and removal process, not as prosecutors but rather as neutral arbiters. This resulted in a change in job title from Special Inquiry Officer to Immigration Judge in 1996, with a concomitant enhanced special pay rate intended to broaden and improve the candidate pool for new judges. NAIJ was a crucial player in efforts to protect the independence of the Immigration

Courts in 2002 by leading the successful effort to keep the court independent from the newly created Department of Homeland Security despite strong opposition to that end by the administration and DOJ. At that time, NAIJ argued presciently that the establishment of an Article I Court was the only enduring way to safeguard the sanctity of these courts which hear “death penalty cases in a traffic court setting.” While NAIJ did not succeed in achieving that lofty goal then, legislation to do just that is currently pending in Congress, largely due to NAIJ’s tireless advocacy and coalition building. NAIJ’s voice in the media often stands alone explaining the practical implications of the complex workings of our immigration removal laws since DOJ eschews comments despite the American standard in jurisprudence which emphasizes transparency in its tribunals. NAIJ is the only spokesperson for IJs in the field, who have the first-hand view of court operations. Without NAIJ speech, no views from these benches in the trenches will be heard.

Perhaps worst of all, this policy deprives the American public of the views of an important, informed group which can shed light on the realities of the implementation of immigration laws and policy at a time when public scrutiny is at an all-time high and accurate factual information scarce. Under this new policy, NAIJ officers cannot even speak at educational or professional seminars or other public events without DOJ approval and instruction as to precisely what they can or cannot say.

Government employees do not surrender their First Amendment rights when they take office. To the contrary, their duty to educate the public is heightened and their voice enhanced by their informed opinions and expertise.

We urge EOIR to restore NAIJ’s important voice and revoke this new policy. ###

The Round Table of Former Immigration Judges is composed of 56 former Immigration Judges and Appellate Immigration Judges of the Board of Immigration Appeals. We were appointed and served under both Republican and Democratic administrations. Members of our group have served in training and management roles at EOIR. Several of our members were officers and leaders in NAIJ and were instrumental in guiding NAIJ to accomplish the achievements described above. Combined we have decades of experience and unique expertise in the immigration court system and the field of immigration law.

For media inquiries, please contact Hon. Dana Leigh Marks (ret.) at danamarks@pobox.com or (415) 577-9831

3/25/24

Hon. Diana Leigh Marks
Hon. Dana Leigh Marks
U.S. Immigration Judge (Retired)
San Francisco Immigration Court
Past President, National Association of Immigration Judges, Member Round Table of Former Immigration Judges
Knightess
Knightess of the Round Table

 

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Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

MINI-ESSAY: NAIJ IS AN ESSENTIAL FORCE FOR JUDICIAL INDEPENDENCE

By Judge (Ret.) Jeffrey S. Chase

March 25, 2024

In Matter of A-R-C-G-, the BIA at footnote 16 recognized that AILA, UNHCR, and CGRS in their amicus briefs had all argued that gender alone should be sufficient to constitute a valid PSG in the matter. However, the Board chickened out, stating that because they were recognizing the narrower group stipulated to by DHS, “we need not reach this issue.”

I think the real proof of the validity of gender per se as a PSG is found in what happened after Sessions issued Matter of A-B-. With A-R-C-G- vacated, IJs all around the country began issuing detailed written decisions recognizing gender plus nationality, and explaining why such group met all of the legal requirements. This was done by IJs with very different grant rates, across different circuits, and included at least one ACIJ. And remember, this was done under an AG that clearly didn’t want IJs to reach that conclusion.

Which allows me to segue into our next issue: a major reason that IJs felt empowered to issue those decisions that were clearly not to the AG’s liking was due to the decades of effort by the NAIJ on behalf of judicial independence. Our public statement, prepared by our esteemed colleague Judge Dana Marks with input from others in our group, criticizing EOIR’s recent gag order on NAIJ officers, who for the first time will now be required to request agency permission to speak publicly, is a powerful reminder of the essential role played by NAIJ in protecting judicial independence, promoting due process and fundamental fairness, and, ultimately, saving lives of those seeking justice from our nation.

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Thanks to Dana, “Sir Jeffrey,” and all our other wonderful Round Table colleagues for speaking out so forcefully in favor of due process for all and judicial independence!

NOTE: I am a proud retired member of the NAIJ.

🇺🇸 Due Process Forever!

PWS

03-26-24

🇺🇸👩🏾‍⚖️👨🏻‍⚖️⚖️🗽 BETTER JUDGES FOR A BETTER AMERICA! — STARTING AT THE “RETAIL LEVEL” OF U.S. JUSTICE — Apply To Be An Assistant Chief Immigration Judge — Short Deadline, April 4, 2024

 

The Executive Office for Immigration Review has announced an open vacancy for a Supervisory Immigration Judge (Assistant Chief Immigration Judge). This advertisement will close on April 4, 2024. If you are interested and want to learn more, click the following link to read about the position and apply: USAJOBS – Job Announcement.

pastedGraphic.png

Supervisory Immigration Judge (Assistant Chief Immigration Judge) usajobs.gov • 4 min read

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3LnVzYWpvYnMuZ292L2pvYi83ODI5NDcwMDAiLCJidWxsZXRpbl9pZCI6IjIwMjQwMzIyLjkyMjQzMTYxIn0.8wZ7UxWibhfmlw8QeABU3jkL0Br7XkzBE7-d_GBxfcg/s/3108288176/br/239336695329-l

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Many thanks to my friend Kelly White, Associate Director- Learning & Development, Legal Access and Representation, Acacia Center for Justice for passing this along!

🇺🇸 Due Process Forever!

PWS

03-23-24

♟️MARCH MADNESS: “Maine’s biggest upset this March hasn’t been on the court. It was on a chess board!” — Migrant Teen Comes Through For Underdog Team!😎

Bonnie Washk
Bonnie Washuk
Reporter
Portland Press Herald
PHOTO: Portland Press Herald

https://www.pressherald.com/?p=7282871

Bonnie Washuk reports for the Portland press Herald:

In the lobby of Portland’s Baxter Academy for Technology and Science, a chess board is on prominent display – for good reason.

Earlier this month, the school’s chess team – which didn’t even exist a few months ago – won the Maine State Scholastic Chess Championship against 15 of the state’s best teams, including Kennebunk High School.

Going into the championship, facing established high school chess teams, Baxter was not expected to win.

The player who clinched the big win for school’s six-member team is freshman João Vuvu-Nkanu Maviditi, a teen from Angola who last year was living at the Portland Expo when it served as temporary shelter for asylum seekers.

João Vuvu-Nkanu Maviditi, left, and Abdallah Ali ponder their next moves while playing a game of chess in class at Baxter Academy on March 12. The school’s chess team won the state championship last weekend for the first time. Gregory Rec/Staff Photographer
João Vuvu-Nkanu Maviditi, left, and Abdallah Ali ponder their next moves while playing a game of chess in class at Baxter Academy on March 12. The school’s chess team won the state championship last weekend for the first time. Gregory Rec/Staff Photographer
Reprinted under license

. . . .

For Baxter to grab the championship win “is hugely impressive,” Cimato said in an email. “Baxter’s team held up extremely well under pressure and in sharp tactical positions. Their patience and calculation in those two end games were the difference.”

Baxter’s other chess team players are Jacob Kaiser, Abdallah Ali, Gibson Holloway and Sean Glass.

The team’s coach is Majur Juac, an internationally known chess master who once was one of the “Lost Boys” of Sudan who fled the civil war in their country and undertook long and dangerous treks to safety, spending years in refugee camps and eventually resettling in the United States.

Juac now lives in Falmouth and is on the faculty at Baxter, where he teaches chess.

. . . .

Baxter offered chess play after school, not just for its students but for other young people, including those who attend the downtown Boys and Girls Club.

When the games first started, “a few of those kids didn’t know how the pieces moved,” she said. “But Juac soon changed that.”

The school held tournaments in the summer, fall and winter. It’s hosting another next month and inviting in other schools.

In the fall, Baxter also launched a chess class taught by Juac, and 16 academy students signed up right away, Klein-Christie said.

She said the chess students are “really into it” and put their phones down and talk to one another as they play.

With a limited budget, it’s a stretch for a charter school to expand programs, Klein-Christie said.

“But it’s has been a worthwhile investment. Chess is a way of teaching them strategic planning, math skills. And it’s lovely for them to be building community.”

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Read Bonnie’s complete article at the link!

Immigrants get it done for their communities in ways big and small! The reality of migration is quite different from the cowardly bombast of Abbott, DeSantis, and other White Nationalists! 

Folks like Abbott and the Feds are wasting incredible (and immoral) sums of money on misguided, cruel, counterproductive, dehumanizing, and ultimately futile enforcement, militarization, and imprisonment. They should be investing in a timely, fair, well-run asylum system, planned reception and resettlement, and community integration that would maximize the benefits for both the migrants and the U.S. communities they seek to enrich and help with their presence. 

If only politicos of both parties would get beyond the racist myths, pandering to fear, encouraging “worst instincts,” and instead lead the way to a better future for America! 🇺🇸 

🇺🇸 Due Process Forever!

PWS

03-21-24