🏴‍☠️ TRUMP, MILLER, & SESSIONS ARE GONE! — BUT, FIVE YEARS LATER, THE PAIN & SUFFERING FROM THEIR CRUEL, UNCONSTITUTIONAL “CHILD SEPARATION” POLICY CONTINUES — Miriam Jordan Reports For The NYT!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license
Miriam Jordan
Miriam Jordan, National Immigration Reporter, NY Times

https://www.nytimes.com/2023/04/11/us/migrant-family-separations-citizens.html?smid=nytcore-ios-share&referringSource=articleShare

Miriam Jordan @ NYT:

April 11, 2023

6 MIN READ

LOS ANGELES — The Trump administration intentionally separated thousands of migrant children from their parents at the southern border in the spring of 2018, an aggressive attempt to discourage family crossings that caused lasting trauma and drew widespread condemnation.

What is only now becoming clear, however, is that a significant number of U.S. citizen children were also removed from their parents under the so-called zero tolerance policy, in which migrant parents were criminally prosecuted and jailed for crossing the border without authorization.

Hundreds, and possibly as many as 1,000, children born to immigrant parents in the United States were removed from them at the border, according to lawyers and immigrant advocates who are working with the government to find the families.

In many cases, the U.S.-born children were placed into foster care for lengthy periods, and some have yet to be reunited with their parents, lost in the system nearly five years after the separations took place.

. . . .

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

Read Miriam’s full article at the link.

Notably, no accountability for public officials who intentionally violate human rights!

🇺🇸 Due Process Forever!

PWS

04-12-23

ROBERT REICH: THE GOP’S UNHEALTHY OBSESSION WITH SEX!🤮

 

GOP BEDROOM POLITICS
GOP in the Bedroom
By: Robert Reich on Substack

Robert Reich writes on Substack:

https://open.substack.com/pub/robertreich/p/why-are-republicans-so-obsessed-about?r=330z7&utm_medium=ios&utm_campaign=post

The Republican Party, once a proud proponent of limited government, has become a font of government intrusion into the most intimate aspects of personal and family life. 

Last Friday, a judge who previously worked for a conservative Republican legal organization and was then nominated to the bench by Trump and pushed through the Senate by Mitch McConnell, invalidated the FDA’s approval of a 23-year-old abortion pill (mifepristone) used in over half of pregnancy terminations in the United States.

Meanwhile, in the wake of the Dobbs case (in which Republican appointees on the Supreme Court reversed Roe v. Wade), Republican states are criminalizing abortion. Some are criminalizing the act of helping women obtain an abortion in another state. Texas gives private citizens the right to sue anyone who helps someone get an abortion. Idaho just passed an “abortion trafficking” law that would make helping a minor leave Idaho to get an abortion without parental consent punishable by five years in prison. Tennessee Republicans have made it illegal to mail medical abortion pills. In the last Congress, 167 House Republicans co-sponsored the Life at Conception Act, conferring full personhood rights on fertilized eggs. 

At the same time, Republican lawmakers want to make it more difficult for couples to buy contraceptives. Sixteen Republican-dominated state legislatures already bar abortion clinics from receiving public contraception funds. 

So far, at least 11 Republican states have enacted laws restricting or banning gender-affirming care for minors, even if parents approve. Texas’s Republican governor, Greg Abbott, has ordered state child welfare officials to launch child abuse investigations into reports of transgender kids receiving such care. Republican lawmakers are also pushing teachers to refer to students by their gender assigned at birth. Many are restricting which bathrooms trans students can use. 

Republican states are also limiting discussions of gender and sexuality in classrooms. Florida’s Republican governor, Ron DeSantis, signed a bill banning public school teachers in kindergarten through third grade from talking about sexual orientation or gender identity, calling it an “anti-grooming bill” and accusing opponents of wanting to groom young children for sexual exploitation. 

Republican lawmakers are also putting obstacles in the way of same-sex marriage and are considering appeals to the Supreme Court to reverse its 2015 Obergefell v. Hodges ruling. Texas’s Republican attorney general says he’d “feel comfortable defending a law that once again outlawed sodomy” in the wake of Dobbs. 

Oh, and Republicans now routinely accuse political opponents of favoring child pornography. In her confirmation hearings, Judge Ketanji Brown Jackson was barraged with questions from Republican senators about her alleged lenient treatment of child pornographers. (In four days of hearings, the phrase “child porn” or “pornography” or “pornographer” was mentioned 165 times, along with 142 mentions of “sex” or related terms like “sexual abuse” or “sex crimes.”)

***

Why are Republican lawmakers obsessing about sex? Three reasons. 

First, by focusing on sex, Republicans can court both the evangelical right and the right-wing extreme QAnon vote (with its loony “Pizzagate” conspiracy claim that Democrats are pedophiles).

Second, by focusing on sex, Republican lawmakers don’t have to talk nonstop about Trump. They don’t have to discuss his indictment or other pending cases against him. They don’t have to say whether they agree with his vitriolic diatribes against other Republicans (DeSantis, McConnell, and any other Republican who criticizes him). They don’t have to defend his bonkers positions (on Ukraine, NATO, George Soros, immigrants, and all else). 

Finally, creating a culture war over sex allows Republicans to sound faux populist without having to address the practical problems faced by most Americans — lack of paid sick leave, unaffordable child care and elder care, stagnant wages, and inadequate housing. And by focusing on sex, they believe they can ignore the sources of populist anger — corporate profiteering and price gouging, monopolization, union busting, soaring CEO pay, and billionaires who pay a lower tax rate than the average worker (courtesy, in part, of the 2017 Republican tax cut for the wealthy).

But the Republican obsession about sex is backfiring on them, as we saw in the 2022 midterms and again in last week’s elections in Wisconsin and Chicago. It’s drawing a contrast between the two parties that pits the GOP against the vast majority of voters. 

It’s becoming increasingly apparent to Americans that while Democrats want to make life easier for average working people and end corporate abuses of economic power, Republicans want government to intrude on the most intimate aspects of peoples’ lives.

***

On a different note, please join me Friday for the second session of my course on Wealth and Poverty. (If you missed the first session, you can find it here.)

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

Yup!

Today’s extremist GOP is an existential threat to individual liberty in America!

🇺🇸 Due Process Forever!

PWS

0-11-23

🤮👎🏼 AMERICA’S WORST FEDERAL JUDGE ALL TOO FAMILIAR TO IMMIGRATION/HUMAN RIGHTS EXPERTS — Even Before Targeting Women’s Reproductive Rights, U.S. District Judge Matthew Kacsmaryk Was An Anathema To Human Rights & Racial Justice!

Trump Judges
Trump Federal Judges Tilt Against Democracy
Republished under license

 

Ruth Marcus
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King (blue tie) and Agriculture Secretary Tom Vilsack (striped tie), during the National Association of Counties (NACo), at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.

https://www.washingtonpost.com/opinions/2023/04/08/abortion-pill-worst-judge-kacsmaryk/

From WashPost:

Opinion by Ruth Marcus

April 8, 2023 at 5:11 p.m. ET

Congratulations are in order for Judge Matthew Kacsmaryk. The competition is fierce and will remain so, but for now he holds the title: worst federal judge in America.

Not simply for the poor quality of his judicial reasoning, although more, much more, on this in a bit. What really distinguishes Kacsmaryk is the loaded content of his rhetoric — not the language of a sober-minded, impartial jurist but of a zealot, committed more to promoting a cause than applying the law.

Kacsmaryk is the Texas-based judge handpicked by antiabortion advocates — he is the sole jurist who sits in the Amarillo division of the Northern District of Texas — to hear their challenge to the legality of abortion medication.

And so he did, ruling exactly as expected. In an opinion released Friday, Kacsmaryk invalidated the Food and Drug Administration’s 23-year-old approval of the abortion drug mifepristone and, for good measure, found that abortion medications cannot be sent by mail or other delivery service under the terms of an 1873 anti-vice law.

Even in states where abortion remains legal. Even though study after study has shown the drug to be safe and effective — far safer, for instance, than over-the-counter Tylenol. Even though — or perhaps precisely because — more than half of abortions in the United States today are performed with abortion medication.

My fury here is not because I fear that Kacsmaryk’s ruling will stand. I don’t think it will, not even with this Supreme Court. Indeed, another federal district judge — just hours after Kacsmaryk’s Good Friday ruling — issued a competing order, instructing the FDA to maintain the existing rules making mifepristone available. Even Kacsmaryk put his ruling on hold for a week; the Justice Department has already filed a notice of appeal; and the dispute is hurtling its way to the Supreme Court. (Nice work getting yourselves out of the business of deciding abortion cases, your honors.)

No, my beef is with ideologues in robes. That Kacsmaryk fits the description is no surprise. Before being nominated to the federal bench by President Donald Trump in 2017, Kacsmaryk served as deputy general counsel at the conservative First Liberty Institute. He argued against same-sex marriage, civil rights protections for gay and transgender individuals, the contraceptive mandate and, of course, Roe v. Wade.

. . . .

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

“Ideologues in robes!” That’s also a good description of many of the judges appointed by Sessions and Barr to the U.S. Immigration Courts. While there have been a few improvements in the appointment process, the Biden Administration has not effectively addressed the serious institutional dysfunction and anti-immigrant bias at EOIR. 

And, let’s remember, EOIR is a “court system” affecting millions of lives and futures that is 100% controlled by the Administration. If this Administration is unwilling or unable to embrace and advance progressive values in a court system they own, how are they going to address other issues of justice, gender, and racial,equity in America?

Indeed, this tone-deaf Administration is now at war with more than 33,000 progressive groups and experts about their scofflaw “death to asylum seekers” regulations. The Administration’s immoral, impractical, and illegal proposal to send up to 30,000 legal asylum seekers to Mexico without due process or fair consideration of their claims for legal protection basically replicates, and in some ways goes even beyond, Kacsmaryk‘s endorsement of the discredited and proven to be deadly “Remain in Mexico” program instituted by Trump and Miller. See, e.g., https://immigrationcourtside.com/wp-admin/post.php?post=26734&action=edit.

🇺🇸 Due Process Forever!

PWS

🇺🇸NDPA ALERT: THE WEEK THAT WAS! — YOUR FUTURE IN PERIL! 🏴‍☠️ — GOP RACISM, FASCISM, MISOGYNY, DISHONESTY, COWARDICE, BULLYING, CORRUPTION, CONTEMPT FOR STUDENTS’ LIVES, MOCKERY OF 1ST AMENDMENT ON FULL UGLY DISPLAY!🤮   

 

Here two articles from Substack that sum up the GOP’s all-out assault on individual rights, freedom, and democracy — basically an assault on YOU and those YOU value as fellow human beings:

From Jay Kuo:

Jay Kuo
Jay Kuo
American Author, Producer, CEO of The Social Edge
PHOTO: Facebook

https://open.substack.com/pub/statuskuo/p/the-week-in-tweets-and-memes-a1f?r=330z7&utm_medium=ios&utm_campaign=post

From Heather Cox Richardson:

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

https://open.substack.com/pub/heathercoxrichardson/p/april-7-2023?r=330z7&utm_medium=ios&utm_campaign=post

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

Remember folks, this began as an attack on immigrants and their rights. But, as those of us in the NDPA recognized and predicted, it didn’t end there!

It’s worthy of note that unqualified right-wing extremist hack Judge Matthew Kacsmaryk “honed” his misogynist attack on YOUR individual rights with a scurrilous attack on the rights and humanity of legal asylum seekers.

Dems failure to present a powerful, unified, well-organized  defense of the human and legal rights of all people has helped fuel the dehumanization and  “Dred Scottification” of almost all members of our society except a certain vocal and well-organized minority of far right White Nationalist extremists, their supporters, and their “fellow travelers!”

The answer:

  • Register to vote;
  • Speak out;
  • Vote every Republican out of office at every level of government!

The GOP recognizes the existential threat presented by younger voters like YOU to their anti-democracy, anti-American, authoritarian plans! That’s why they are determined to pull out all the stops to prevent YOUR voices from being heard and YOUR votes from counting. See, e.g., https://www.nytimes.com/2023/03/29/us/politics/republicans-young-voters-college.html?smid=nytcore-ios-share&referringSource=articleShare.

As has been shown, YOU can’t rely on the Biden Administration and so-called “centrist Dems” to do this for YOU! They have shown a disturbing willingness to “sell out” individual groups — like asylum seekers, migrants, social justice advocates, and transgender youth — when they believe (even if wrongly) that it is politically expedient to do so!

YOU are going to have to use the democratic tools still available to control your own future and the destiny of generations to follow! YOU are getting a very graphic illustration of the “alternate future.” And, notably, it has no place for YOU and YOUR values!

🇺🇸 Due Process Forever! It’s more than a slogan — it’s a movement!

PWS

04-08-23

🏴‍☠️ SUPREMELY CORRUPT! 🤮 — Clarence & Ginni Thomas Wined & Dined “Off The Books” By GOP Fat Cat! 🤑 “Let’s just say that none of the trips Thomas took with Crow on his yacht and to his private resort in the Adirondacks resembled a Walmart parking lot.“ 👎🏼

Clarence Thomas Gifts

Clarence Thomas Gifts
Cartoonist: Dave Whamond
Republished under license

https://open.substack.com/pub/steady/p/a-great-piece-of-journalism?r=330z7&utm_medium=ios&utm_campaign=post

Dan Rather and Elliot Kirschner write on Substack:

A hallmark of great journalism is that it shines a bright light on information that is in the public’s interest but that powerful forces and actors desperately want to remain hidden.

A perfect example of this came today with a blockbuster investigative report from ProPublica about serious ethical questions concerning Supreme Court Justice Clarence Thomas. 

In a thorough examination of Thomas’s two-decade relationship with billionaire and Republican megadonor Harlan Crow, reporters Joshua Kaplan, Justin Elliott, and Alex Mierjeski detail a series of trips gifted to Thomas and his wife, Ginni, that on the open market would likely have totaled hundreds of thousands of dollars.

None of these were disclosed by Thomas, who likes to portray himself as a man of simple tastes. The report notes that in a recent documentary about his life, Thomas stated, “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it.” Let’s just say that none of the trips Thomas took with Crow on his yacht and to his private resort in the Adirondacks resembled a Walmart parking lot.

It is fitting that this news would drop a day after we wrote about the election for the Wisconsin Supreme Court. The reporting on Thomas shows the utter hypocrisy of those on the political right claiming that progressive judges are the ones undermining faith in our judicial system.

Supreme Court Chief Justice John Roberts likes to intone on how much he cares for the integrity of the court. But under his watch, the court’s standing with the public has dropped precipitously. And he need look no further than his ideological counterparts in the court’s right-wing majority.

The damage to the court’s reputation has been manifest in a series of rulings that have made a mockery of the ideas of judicial restraint and precedent. These have overturned Roe v. Wade, emboldened unrestricted gun rights, and undermined our representative government through gerrymandered elections. And that’s just the beginning.

Then there is the personal conduct of the justices, of which Thomas, a hero to the right, is a particularly egregious example. Here he is hobnobbing with rich, powerful interests and not letting anyone know. There he was refusing to recuse himself from a case involving the January 6 insurrection even though his own wife was implicated. It is clear he feels he has no need to defend his actions to anyone. He is completely unaccountable and flaunts it.

Senate Democrats today called for an ethics code for the Supreme Court. But color us skeptical that anything will change anytime soon.

This is a time of great tension in the function (or perhaps more aptly, the dysfunction) of our democracy. It feels as if we have been walking a high wire for years. But the tension still increases. In just the last few days, we have seen a state legislator in North Carolina who had run as a solid Democrat switch parties, giving Republicans a supermajority. In Tennessee, Republicans in the state’s House expelled two Democratic representatives who had joined students in protesting inaction on gun violence. And this on top of what we saw in Wisconsin.

There is also the backdrop of the former president facing numerous strands of legal peril.

There has always been an element of hardball in politics. There have always been public officials who skirted or crossed the lines of ethics and the law. There have always been judges who had dubious connections. Democracy is always precarious.

But there is a sense that now the danger is building. Voters are angry. The will of the majority is being undermined on issues like abortion and gun safety. Power is being accrued for its own sake and not to address the needs of the people.

These are times when we need a fearless press to explain where there is peril and where there is promise around the ability of our nation to regain its footing and thrive. Kudos to ProPublica for its contribution to the health of American democracy.  

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

For the last several weeks, the so-called “mainstream media” has been providing “wall to wall” coverage of a “non-event” that eventually “morphed” into yet another tawdry episode in the tawdry life of America’s most visible anti-democracy fascist! They worked hard to give “equal (or greater) time” to a unified disingenuous effort by this guy’s supporters to portray him as “the victim!” In perhaps a new “modern journalistic low” they willingly provided a platform for dangerous wacko conspiracy theorist “MTG” to spew forth her vile “sicko-fascist” rantings — with little pushback and no fact checking!

Fortunately, as pointed out by Rather and Kirschner, somebody, in this case Pro Publica, was out there doing serious investigative journalism while their “mainstream” colleagues indulged their fantasies!

For more on the GOP’s concerted, nationwide assault on democracy and fundamental values, read historian Heather Cox Richardson, here:

https://open.substack.com/pub/heathercoxrichardson/p/april-6-2023?r=330z7&utm_medium=ios&utm_campaign=post

 

🇺🇸 Due Process Forever!

PWS

04-07-23

🇺🇸⚖️🗽👍🏼 TWO RECENT UNHERALDED CASES SHOW HOW DUE PROCESS & FUNDAMENTAL FAIRNESS CAN BE “INSTITUTIONALIZED” @ EOIR — Kudos To Filipe Alexandre ESQ & Professor Elizabeth Jordan

 

NDPA stalwart Felipe Alexandre reports on LinkedIn:

Felipe Alexandre
Felipe Alexandre ESQ
Immigration Attorney
Rowland Heights, CA
PHOTO: Linkedin

Felipe Alexandre (艾飛力)

View Felipe Alexandre (艾飛力)’s profile

• 1st

U.S. Immigration Attorney-美国移民和人权律师

2d • 

On Friday we had a challenging issue with our Asylum case in immigration court.

The case was heavily documented and our NYC team did such an amazing job with the package that DHS was already willing to stipulate to a Withholding of Removal (which actually requires proving a higher probability of persecution than asylum, but is a much more restrictive form of relief). Client is a bona fide Falun Gong practitioner and has publicly opposed the Chinese government’s vicious and ruthless persecution of FLG followers in China, so it was a victory on its merits just from looking at the filing and before taking testimony.

However, the reason the government would not stipulate to Asylum is because there was a one year issue in the case. Normally, clients are required to apply for asylum within one year of their last entry into the United States, unless they can prove they qualify for one of the exceptions in the statute.

This was an unfortunate case where USCIS lost the filing and by the time client found out about this, she was so mentally distraught with the persecution of her family back home that she simply could not muster the necessary focus to work on the application. Her symptoms persisted for two years until after her family was released and she finally was able to file.

We showed several receipts, USPS labels, brought a witness who was aware of the challenges client was facing at the time, and took detailed testimony where client explained the mental anguish she was suffering at the time and how this affected her ability to focus.

Asylum granted Baby!

I love this TEAM!

 #immigration #team #asylum #falungong #chinahumanrights

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

Dan Kowalski reports for LexisNexis Immigration Community:

Elizabeth Jordan ESQUIRE
Elizabeth Jordan Esquire
Director, Immigration Detention Accountability Project (IDAP)

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/denver-ij-grants-cat-withholding-relief-el-salvador-psg

Denver IJ Grants CAT, Withholding Relief (El Salvador, PSG)

Prof. Elizabeth Jordan writes: “DU clinic students Anni Winan and Sharon Malhotra got a win in Judge Caley’s courtroom a few weeks ago on behalf of a Salvadoran who fears return to El Salvador under the State of Emergency declared by President Bukele. Notably, Caley found “Salvadoran men with tattoos erroneously perceived to be gang members” cognizable as a PSG, departing from Matter of EAG, and found that the conditions in Salvadoran prisons under the SOE amount to torture. [ICE did NOT appeal.] We would highly recommend Dr. McNamara as an expert as well.”

[Hats way off to Prof. Jordan (Director, Immigration Law & Policy Clinic, University of Denver Sturm College of Law) and her students!]

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

Congrats to everyone involved! Fairness, scholarship, timeliness, respect, and teamwork succeeds!

Common threads:

  • Great representation of the respondent;
  • Great preparation;
  • A well-prepared, thoughtful ICE Assistant Chief Counsel committed to working for a fair, correct, result;
  • An Immigration Judge who inspired the parties to excellence, paid attention to the law and the issues, listened carefully, and allowed both counsel to do their jobs;
  • An Immigration Judge who encouraged the parties to work cooperatively, narrow the issues, and focus on the key dispositive issue;
  • Great teamwork and professionalism produced a great result, with efficiency, and without gimmicks or corner cutting.

What’s needed:

  • Precedents establishing, enforcing, and reinforcing due process and best practices;
  • Working with the private bar and NGOs to establish universal representation;
  • Prioritizing represented grantable cases on the docket;
  • Dynamic judicial leadership focused on institutionalizing due process, fundamental fairness, and correct, high-quality decisions;
  • Highest quality judicial training and continuing judicial education. (It exists out here in the “real world” with inspiring, effective, creative, problem-solving  “practical scholar/teachers.” But, according to EOIR sources, currently available only through the NAIJ!)

Due process, fundamental fairness, best practices, and maximum efficiency, consistent with due process, can be achieved at EOIR! It just takes expertise, will, a plan, and the right personnel to make it happen! Leadership makes a difference!

🇺🇸 Due Process Forever!

PWS

04-06-23

🇺🇸⚖️🗽 THE POLITICS OF SOCIAL JUSTICE: PROGRESSIVES WIN KEY RACES IN WISCONSIN & CHICAGO!😎 — Instead Of “Running Away” From The Humanitarian Values That Got Them Elected, Biden, Harris, & So-Called “Centrist Dems” Should Be Embracing The Practical, Universal Values Of Due Process, Fundamental Fairness, Equal Justice Under Law & The Human Dignity Of All!

Equal Justice
Equal Justice
FROM: United Nations, Creative Commons LIcense

From HuffPost:

Liberals Take Control Of Wisconsin Supreme Court

https://www.huffpost.com/entry/janet-protasiewicz-wins-wisconsin-supreme-court-race_n_642c7201e4b0ba5d603c81ed

Brandon Johnson, Progressive Union Organizer, Elected Mayor Of Chicago

https://www.huffpost.com/entry/brandon-johnson-elected-chicago-mayor_n_642caf1be4b0ba5d603cc31a

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

It’s also remarkable, if not surprising, that 33,000 of us, many representing larger groups, filed written comments OPPOSING Biden’s tone-deaf, anti-due-process, anti-rule-of-law, racially-targeted, designed-to-fail, Stephen-Miller-inspired “death to asylum (and asylum seekers)” proposed regulations!  https://default.salsalabs.org/Ta42828aa-7c89-4fca-a530-ab64d55d9cdf/e9c83407-de3b-4bcf-a318-704cbcd599a2. As someone who spent considerable time analyzing public comments on regulations during my career, that’s an astounding show of unified opposition.

Of course, that doesn’t mean that Biden, Harris, Garland, Mayorkas, or anyone else in the Administration will listen. But, they should! 

Unfortunately, the ridiculously short 30-day comment period and that this major reversal of the positions and values that Biden and Harris campaigned upon, without meaningful input and discussion with experts who actually understand the borders and have been present there, indicates that the the comments are likely to be largely ignored. That’s going to lead to big time litigation — from both progressives and GOP nativist/restrictionists. 

But, discouragingly, the Biden Administration has shown itself to be willing to tie up time and resources insanely (and not necessarily successfully) doing battle with its own would-be supporters rather than fighting the right! Just who they think is going to be the “winner” here — other than, perhaps, Donald Trump and Jim Crow  — is beyond me!

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism. Biden’s ill-advised and tone-deaf nativist asylum policies appear designed to appease this guy rather than to please those who actually voted for him and other Democratic candidates!

Instead of “running away” in the face of the GOP’s scurrilous “Anti-Woke Campaign:” targeting immigrants, the LGBTQ+ community, African Americans, Latinos, Asian Americans, Jews, Muslims, women’s reproductive rights, teachers, free speech, libraries, public education, medical science, the environment, social justice, the Federal Government, voting rights, unions, the working poor, and just about all “mainstream American” individual freedoms, the Biden Administration and Dems in general should stand up for what’s actually great about America and against the GOP’s vile, ignorant, hateful “culture warriors” and “Jim Crow racists and misogynists. Defending the legal rights and humanity of asylum seekers and other migrants would be a good place to start a real defense of American values and democracy! That is, if someone in power were really interested in those things!

🇺🇸 Due Process Forever!

PWS

04-05-23

🇺🇸 ON THE 55TH ANNIVERSARY OF DR. KING’S ASSASSINATION, IRV WILLIAMS @ PORTLAND (ME) PRESS HERALD REMINDS US WHY THE TRUE HISTORY THAT THE GOP FEARS IS ESSENTIAL TO UNDERSTANDING OUR NATION!

Dr. Martin Luther King, Jr. 1929|-1968 PHOTO: Nobel Foundation (1964), Public Realm
Dr. Martin Luther King, Jr.
1929 – 1968
PHOTO: Nobel Foundation (1964), Public Realm

https://www.pressherald.com/2023/04/04/maine-voices-fifty-five-years-after-martin-luther-kings-assassination-we-still-have-much-to-learn-from-himq/

https://www.pressherald.com/2023/04/04/maine-voices-fifty-five-years-after-martin-luther-kings-assassination-we-still-have-much-to-learn-from-him/

On April 4, 1968, I was a senior in high school when Dr. Martin Luther King Jr. was murdered in Memphis, Tennessee. That weekend I had been attending a planning meeting in Richmond, Virginia, for mobilizing white teens from suburban churches to serve in inner-city projects in the District of Columbia and Baltimore.

ABOUT THE AUTHOR

Irv Williams is a native of Baltimore, with family roots in the Northern Neck of Virginia. He moved to Maine in 1973 and is a resident of Peaks Island.

Driving home on Sunday afternoon I arrived at the Baltimore city line, about five miles from my house, to find National Guard troops and tanks blocking off access to the city. I was allowed to pass only on the condition that I drive directly home.

Today I know the real reason I was allowed to pass by those armed soldiers was that my face was white, not Black. Dr. King was only 39 years old when he was murdered.

William Page was only 25 years of age when he was lynched in August 1917 in Lilian, Virginia. My mother would have been a toddler sleeping in her crib at home, just a mile away from the schoolyard in which he was hanged. Newspaper reports state that a mob of about 500 men assembled to commit the murder.

William Page would be the last Black man to be lynched in my mother’s home county of Northumberland, but the lynchings would continue on for another seven years, claiming the lives of nine additional Black men across Virginia.

I am now just a bit older than my mother was when she died. At 72, I look back over a lifetime of witnessing racial injustice through the segregation of schools and other public and private facilities. The false doctrine of “separate but equal” was then in full force throughout Virginia, where both of my parents were born and raised.

I carry childhood memories of seeing “White” and “Colored” water fountains in the county courthouse. Of visiting the family doctor whose small brick office behind his house had separate waiting rooms. Hearing my grandmother talk about “the colored” schools that a neighboring county closed for five full years rather than integrate, meanwhile taking public funds to open white academies. Knowing that nearby was a “colored beach” that was a small sliver of sand allotted to Black children. And knowing that there would never be any Black worshippers or preachers at the church revival meetings where my grandmother played piano.

Looking back at all of those memories, I know full well that the privilege to pass by those National Guard tanks in 1968 had come at the expense of others, sometimes in deadly ways.

In his 1964 book “Why We Can’t Wait,” Dr. King wrote: “Armies of officials are clothed in uniform, invested with authority, armed with the instruments of violence and death and conditioned to believe that they can intimidate, maim or kill Negroes with the same recklessness that once motivated the slaveowner.”

Now, nearly 60 years later, we see that Dr. King is still being proven right with the brutal beating death of Tyre Nichols in Memphis. It wasn’t a rope like they used on William Page, or a bullet like the one that felled Dr. King, but the stun gun, pepper spray, fists and boots of police officers who have been charged with murder in an incident that equals the terror of the August night when 500 men watched William Page die.

Must we wait for another hundred years to pass for this senseless killing to stop? The simple answer is, no, we can’t wait.

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

The work of achieving due process and equal justice for all persons in America, as required by our Constitution, remains urgent and unfinished!

Indeed, under the “New Jim Crow” GOP and it’s noxious, intellectually dishonest, morally challenged “leaders,” our nation has actually regressed from some of the key achievements that Dr. King championed. 

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism. If YOU don’t share the GOP White Nationalist insurrectionist “vision” of an American wracked with hate, exclusion, dehumanization, inequality, bias, bogus myths, and return to a “whitewashed history that never was,” YOU must stand against the “21st Century Jim Crow Mob” that seeks to seize control over YOUR country.

It’s particularly critical for the next generations to decide whether they want to live in a better, fairer, more tolerant world, or be forever captive in a White Supremacist, misogynist, fearful past, beholden to a “whitewashed” version of history that never was!

🇺🇸Due Process Forever!

PWS

04-03-23

 

⚖️ SPLIT 6TH FINDS THAT EOIR ABUSED DISCRETION IN DETERMINING AMOUNT OF LOSS!

Dan Kowalski reports for LexisNexis Immigration Community—

CA6 on Abuse of Discretion, Burden of Proof, and Loss to the Victim: Al-Adily v. Garland

https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0058p-06.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca6-on-abuse-of-discretion-burden-of-proof-and-loss-to-the-victim-al-adily-v-garland#

“Habib Al-Adily, a citizen of Iraq and a lawful permanent resident of the United States, was late in returning his rental car to Thrifty-Rent-a-Car (Thrifty). He was indicted under a Michigan statute criminalizing the willful failure to timely return rental property, an offense to which he pleaded guilty and for which he was ordered to pay over $10,000 in restitution to Thrifty. Two Immigration Judges (IJs) and the Board of Immigration Appeals (BIA) concluded that these circumstances warranted Al-Adily’s deportation for having been convicted of an aggravated felony under the Immigration and Nationality Act (INA). For the reasons set forth below, we GRANT Al-Adily’s petition for review, REVERSE the BIA’s decision, and REMAND to the BIA with instructions to terminate the removal proceedings against him. … A cursory review of Exhibit A reveals that Thrifty’s actual loss was clearly less than $10,000. And DHS certainly did not meet its burden of proving by “clear and convincing” evidence, see id. (quoting 8 U.S.C. § 1229a(c)(3)(A)), that the loss exceeded that amount. … Despite admonitions by both the BIA and the Supreme Court that restitution orders must be considered with caution, especially where the restitution amount was initially determined under a lower evidentiary standard, the IJs and the BIA deferred uncritically to the state court’s determination in conflating the restitution amount with Thrifty’s actual loss. In denying Al-Adily’s motion to reconsider notwithstanding this error, the BIA abused its discretion.”

[Hats off to Frank G. Becker!]

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

Although admittedly Circuit Judge Siler agreed with the BIA, I concur with Judge Gilman that this is more sloppy work on “the basics” coming out of EOIR.

EOIR has a severe, chronic “quality control/expertise/due process” problem that got much worse during the Trump years, when far too many Immigration Judges with questionable qualifications were elevated to the bench. Garland hasn’t solved this festering problem in the more than two years he has been in office. 

And, it’s highly unlikely that just adding Immigration Judges — without a huge upgrade in qualifications, training, and supervision from a revamped, truly expert BIA — is going to solve these problems. 

If anything, aimlessly adding more bodies to a mal-functioning system is just going to increase the chaos and the already unacceptable level of inconsistent results in life-or-death matters.

🇺🇸 Due Process Forever!

PWS

04-04-23

⚖️🗽 INTERNATIONAL HUMAN RIGHTS EXPERTS PROFESSORS KAREN MUSALO & AUDREY MACKLIN LAMBASTE ADMINISTRATION’S EXPORT OF TRUMP’S CRUELTY TO THE NORTHERN BORDER! — LA TIMES —  “[M]ost tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.“☠️⚰️

 

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law
Professor Audrey Macklin
Professor Audrey Macklin
University of Toronto
Law Faculty
PHOTO: U of Toronto

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwici4Gv7YP-AhWXFFkFHd8TDXYQFnoECA4QAQ&url=https%3A%2F%2Fwww.latimes.com%2Fopinion%2Fstory%2F2023-03-29%2Fsafe-third-country-policy-at-canada-united-states-border-hurts-asylum-seekers&usg=AOvVaw0lGBjB9cBDdxHBiQnCQ5Zc

At almost 4,000 miles, the United States’ northern border is about twice as long as the U.S.-Mexico border — much of it wild, unmarked and dangerously cold for half the year. And yet, human smuggling and deaths at the U.S.-Canada border have not been a major phenomenon, as they have been down south. Nor has Canada poured billions of dollars into a network of walls, fences, robotic dogs and militarized border patrol. It is also true that historically the number of asylum seekers and migrants seeking entry to Canada has been relatively low.

But the ills of the U.S.-Mexico border seem bound to spread northward, now that Canada reached a deal with the Biden administration to expand a 2004 agreement to repel Canada-bound asylum seekers back to the United States (and vice versa).

As U.S. policies toward asylum seekers grew harsher from 2017 on, the number attempting to enter Canada increased. Instead of appealing to its southern neighbor to do better, Canada is coordinating with the U.S. to pass the buck on the legal obligation to protect refugees, which both countries undertook when they signed the Refugee Convention and Protocol more than 50 years ago. Their current approach foists responsibility onto poorer, less stable countries that are already doing more than their share.

Both the U.S. and Canada have pursued this under a “safe third country” rule, which enables a country to return asylum seekers to a nation they have passed through on their journey if it is considered safe and deemed to have a fair process for seeking protection. That “safe third country” then has the responsibility to determine their claims.

. . . .

This has been labeled a crisis, but it simply isn’t, especially when one considers that 85% of the world’s refugees are hosted in lower- and middle-income countries. Furthermore, Canada knows how to manage refugee inflows decently when it chooses to do so: Over 160,000 Ukrainian refugees have been welcomed during the past year.

. . . .

The Safe Third Country Agreement and related policies subvert the obligations to which Canada and the U.S. are subject under international refugee law. They undermine the existing global system of protection. But most tragically, they abandon principle and humanity, and set off a chain reaction that ends up returning refugees to persecution.

Karen Musalo is a law professor and the founding director of the Center for Gender and Refugee Studies at UC Law, San Francisco. Audrey Macklin is the director of the Centre for Criminology and Sociolegal Studies at the University of Toronto.

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

Read the complete op-ed at the link.

Predictably, bad things happen when the border is closed to legal asylum seekers! Illustrating the point made by Professors Macklin and Musalo, the bodies are already being found along the Northern border.  See, e.g., http://enewspaper.latimes.com/infinity/article_share.aspx?guid=071fc539-98b4-49fc-9656-26412f42e79b.

The obvious answer is to establish a fair, timely, generous asylum adjudication system at ports of entry and to dramatically increase the number of legal refugees who can come from countries in Latin America, particularly the Northern Triangle. If you build a functional legal refugee and asylum system refugees will use it.  Why wouldn’t they?

A legitimate refugee and asylum system results in permanent admission with permission to work that leads to green cards and, eventually, citizenship for those who choose the latter. It’s quite different from ad hoc, nationality and numerically limited use of discretionary “parole” stratus. Parole status lacks transparent criteria, does not necessarily prioritize refugees and asylees as the law requires, and most seriously has no “built in” path to permanent status. 

Consequently, “parolees” must either apply under a incredibly backlogged asylum system in the U.S. — thus guaranteeing delay and unnecessarily adding to the already monster backlog — or find themselves “in limbo” after two years and clearly becoming both a target and “political football” for restrictionists. And, there can be little doubt that even if the Biden parole program survives pending court challenges, it will immediately be terminated by any future GOP Administration.

Making the existing legal system work in a durable, fair, and properly generous manner to protect refugees is clearly the way to go! It would be hugely beneficial to both both the refugees and our nation! Why the Biden Administration insists on scofflaw “deterrence only” gimmicks that advance the racist/nativist agenda of the losers of the 2020 election is beyond me!

🇺🇸 ⚖️🗽 Due Process Forever!

PWS

04-02=3-23

⚖️🗽🛡⚔️ ROUND TABLE MEMBERS JUDGE JOAN CHURCHILL & JUDGE STEVEN MORLEY EXTOLL NEED FOR INDEPENDENT ARTICLE I IMMIGRATION COURT AT ABA EVENT! — 150 Legal Organizations Stress Urgency, As EOIR Continues Downward Spiral & Backlog Mushrooms 🍄 Out Of Control!

Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member, Round Table of Former Immigration Judges
Judge Steven Morley
Judge (Ret.) Steven Morley
Of Counsel,Landau, Hess, Simon, Choi & Doebley
Philadelphia, PA
Member, Round Table of Former Immigration Judges
PHOTO: Linkedin

 https://www.americanbar.org/news/abanews/aba-news-archives/2023/03/immigration-courts-independent/

ABA News

March 27, 2023 JUDICIAL INDEPENDENCE

Ex-judges: Immigration courts should be independent

Two retired immigration judges urged Congress to create an independent immigration court system, removing the courts from under the U.S. Justice Department, where they currently reside.

Panelists on a recent ABA webinar argued that immigration judges are not truly independent as long as they answer to the U.S. attorney general.

The former judges made their call at a panel discussion March 17 — “Adjudicatory Independence: Are Immigration Judges a Warning or a Model?” — organized by the American Bar Association Judicial Division. They and other panelists argued that immigration judges are not truly independent as long as they answer to the U.S. attorney general, who can overturn their decisions, fire them and create new immigration policies that they must follow.

Steven Morley, a retired immigration judge in Philadelphia, talked about a case he handled in 2018, called the Matter of Castro-Tum, which he considered a red flag for judicial independence.

The case involved an unaccompanied minor who illegally entered the United States, was detained by authorities, then released to relatives in the United States pending a hearing to force him to leave the county. Hearing notices were sent to the relatives’ address, but the boy did not appear. Finally, after four postponements, Morley administratively closed — or indefinitely suspended — the case, ruling that the Department of Homeland Security could not show it had a reliable address to notify the boy of his hearing.

At that point, U.S. Attorney General Jeff Sessions referred the case to himself and overturned the judge’s decision. Sessions ruled that immigration judges do not have the authority to administratively close cases as Morley did. The new policy made it harder for immigration judges across the country to indefinitely suspend cases. This caused an uproar among immigration judges and advocates.

Three years later, in 2021, Merrick Garland — a new attorney general in a new administration — overturned Sessions’ action.

Such actions undermine the independence of immigration judges, Morley said. “The flaws in the system allow this to happen, and we should always be concerned for the integrity of the court system.”

Morley said attorneys general under President Donald Trump referred immigration cases to themselves to overturn judges’ decisions 17 times in four years, a large number compared to previous administrations. “This is no way to run immigration policy, to have ping-ponging back and forth of policy, from one attorney general to another attorney general.”

Joan Churchill, a retired immigration judge in Northern Virginia, outside Washington, D.C., also emphasized the importance of maintaining due process in immigration courts, particularly hearing notices to defendants. “Adequate notice of the hearing is on everybody’s list as a requirement of due process,” she said.

Churchill noted that the U.S. Supreme Court, in a decision a few years ago, written by Justice Neil Gorsuch, found that notices in immigration court often were not constitutionally adequate. “Justice Gorsuch said any notices that did not include the time and place of the hearing — which many of them did not; they just said time and place to be determined — those were not adequate notice of the hearing and therefore the cases were defective.”

In 2010, the ABA House of Delegates adopted a policy supporting the creation of an independent Article I system of immigration courts. More than 150 organizations support this position, including the National Association of Immigration Judges and the American Immigration Lawyers Association, Churchill said.

The program was co-sponsored by the ABA Commission on Immigration, ABA International Law Section, National Association of Women Judges, ABA Section of Administrative Law and Regulatory Practice and ABA Civil Rights and Social Justice Section.

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

Thanks, Joan and Steve for forwarding this report and for doing such an outstanding job of highlighting the compelling, urgent need for this long-overdue reform. 

🇺🇸 Due Process Forever!

PWS

03-29-23

⚖️ SEN COREY BOOKER (D- NJ) WENT TO THE BORDER TO CHECK OUT BIDEN ADMINISTRATION’S “CBP ONE APP!” — HE HATED WHAT HE FOUND! — “Inherently Discriminatory!”

Senator Cory Booker
U.S.Senator Cory Booker
D-NJ
PHOTO: Wikipedia
Rowaida Abdelaziz
Rowaida Abdelaziz
Immigration Reporter
PHOTO: Twitter

https://www.huffpost.com/entry/cory-booker-asylum-app-homeland-security_n_6422262de4b049e21e2dbf06

Rowaida Abdelaziz reports for HuffPost:

Sen. Cory Booker sent a letter to the heads of Homeland Security and Customs and Border Protection on Monday criticizing the newly rolled-out CBP One — a mobile application that allows asylum-seekers to secure an appointment with CBP to get through U.S. ports of entry.

“The United States is a beacon of hope for many around the world seeking safety and freedom. Unfortunately, migrants now have to contend with the CBP One app as the sole method to schedule asylum appointments, which has been plagued by technical problems since its introduction,” Booker told HuffPost in an emailed statement.

“We must ensure that our asylum process is just and equitable and protects those who are fleeing violence and persecution in a way that’s consistent with our nation’s most fundamental ideals,” he added.

. . . .

“Even if the CBP One app was as efficient, user friendly, fair, and inclusive as possible – which I hope one day it will be – it would still be inherently discriminatory,” reads Booker’s letter, noting the resources an individual must have to successfully navigate the application.

. . . .

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

Read the complete article, with a copy of Sen. Booker’s letter, at the link.

Advocates at the border have been raising problems about the apps’ poor performance and the totally inadequate number of appointments available. And, even with an appointment there’s no assurance that an individual will get a fair audience on their asylum claim. Indeed, based on the current lack of transparency and atrocious proposed regulations from the Biden Administration, unfair treatment is almost guaranteed!

Notably, the clueless Biden “policy officials” who come up with cruel gimmicks and foist defective technology on the border stay far away from having to confront the faces of the humanitarian disaster they have created. They neither have the guts to meet with nor solicit the advice of advocates, NGO workers, and dedicated volunteers who, unlike the Administration, are trying to save lives, preserve human dignity, and maintain some semblance of the rule of law at the border!

There is no excuse for the Biden Administration’s cosmically poor performance on humanitarian issues at the border. None! And, while Sen. Booker and some of his colleagues have pushed back against the Administration’s abusive approach to asylum, other Dems shamefully have just “run away” from the racially-charged, totally unnecessary, disregard for competence, expertise, and the rule of law at the border. 

Another problem: The absence of legal integrity from the DOJ, ironically led by former U.S. Judge Merrick Garland, who is unwilling to stand up for the rights of asylum seekers and equal justice for all at the border.

Exactly what do Dems stand for anyway? Apparently, not much, except what they believe (however incorrectly) is “politically expedient” at any particular moment in time!

🇺🇸 Due Process Forever!

PWS

05-26-23

⚖️🗽🇺🇸 NDPA DC AREA ALERT: Attend A Lunch Conversation With GW Law’s Paulina Vera & AIC’s Aaron Reichlin-Melnick, Tomorrow, March 30, @ GW Law

🤯 WHAT’S THE FISCAL COST OF GARLAND’S UNDERPERFORMING EOIR? — In This Individual Case $56,169.79! — 5th Cir. Awards Attorneys’ Fees For IJ’s Baseless “Adverse Credibility Finding” & “Phantom Affirmance” By BIA!

Clown Parade
A.G. Merrick Garland’s continuing operation of the “EOIR Clown Show,” at taxpayer expense, is costly in more ways than one! “Any reason to deny” proves too much even for the hyper-conservative 5th Circuit! PHOTO: Public Domain

Dan Kowalski reports for LexisNexis Immigration Community: 

https://www.ca5.uscourts.gov/opinions/pub/19/19-60647-CV1.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca5-awards-eaja-fees-nkenglefac-v-garland#

CA5 Awards EAJA Fees: Nkenglefac v. Garland

“On May 18, 2022, this court granted Giscard Nkenglefac’s petition for review of the Board of Immigration Appeals’s (BIA) dismissal of petitioner’s appeal from the immigration judge’s (IJ) denial of his application for relief from removal. See Nkenglefac v. Garland, 34 F.4th 422, 430 (2022). Because the IJ’s adverse credibility determination was not supported by evidence in the record, we determined that the BIA erred in affirming it and remanded the case to the BIA. The petitioner filed a timely application for attorneys’ fees under the Equal Access to Justice Act (EAJA). We find that petitioner is entitled to attorneys’ fees under the EAJA and award $56,169.79.”

[Hats off to Homero Lopez, Jr. and paralegal Emma Morley!]

Homers Lopez, Jr.
Homero Lopez, Jr.
Director & Co-Founder
Immigration Services & Legal Advocacy
New Orleans, LA
PHOTO: ISLA website
Emma Morley
Emma Morley
Paralegal
Immigration Services & Legal Advocacy
New Orleans, LA
PHOTO: ISLA website

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

Wouldn’t it be cheaper and better for everyone if Garland finally “cleaned house” at EOIR, appointed and retained only well-qualified expert judges at both the trial and appellate level, replaced incompetent administrators, and ended the toxic — and costly — “any reason to deny culture” at EOIR? 

When the DOJ is being “pasted” on wrongful decisions denying asylum by the 5th Circuit, everyone but Garland knows that “the EOIR Clown Show has got to go!”🤡

Make no mistake about it! Garland’s failure to reform EOIR into a due-process-focused expert tribunal willing to stand up for the legal rights of asylum seekers and to require “best practices” with respect to access to representation at the border and elsewhere is a major contributing factor to the Biden Administration’s deadly humanitarian disaster and abrogation of the rule of law for asylum seekers at the Southern Border. It didn’t have to be this way!

Why is this “preventable disaster” happening under a Dem Administration that ran on an (apparently false) pledge to restore due process and the rule of law for asylum seekers and other migrants? How can we stop it and prevent it from happening again in the future?

I daresay that many humanitarian experts warned the Biden Administration that without fundamental positive changes, better, courageous, expert, inspirational leadership, and long-overdue administrative reforms at DOJ, DHS, and the White House, disasters would unfold across the board. That’s exactly what has happened! It’s also infecting the entire legal system and inhibiting social justice in America.

But , unless and until social justice advocates come up with a better political approach to the disturbing lack of integrity and values in both political parties when it comes to immigration, they will continue to be vilified and attacked by the GOP and “consistently kicked to the side of the road” by Dems!

I wish I knew the answer! I don’t! But, I do know that human rights and social justice disasters will continue to unfold unless and until social justice advocates figure out how to get some “political clout” behind their intellectual power and store of (largely ignored) great ideas! 

🇺🇸 Due Process Forever!

PWS

03-29-23

☠️⚰️ DEATH @ THE BORDER — FIRE IN MEXICAN MIGRANT DETENTION CENTER CLAIMS AT LEAST 39 LIVES!

Border Death
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 Castelaz. Neither the Biden Administration nor the GOP nativists they pathetically mimic want you to focus on the real human costs of their deadly, failed, anti-asylum, “deterrence only” policies.                       In order 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

From NBC News:

https://nbcwashington.app.link/6RykrqHmxyb

A fire in a dormitory at a Mexican immigration detention center near the U.S. border left more than three dozen migrants dead, a government agency said Tuesday, in one of the deadliest incidents ever at an immigration lockup in the country.

Hours after the fire broke out late Monday, rows of bodies were laid out under shimmery silver sheets outside the facility in Ciudad Juarez, across from El Paso, Texas. Ambulances, firefighters and vans from the morgue swarmed the scene.

Thirty-nine people died and 29 were injured and are in “delicate-serious” condition, according to the National Immigration Institute. There were 68 men from Central and South America held in the facility at the time of the fire, the agency said.

It was the deadliest incident inside a Mexican immigration facility in recent memory. Authorities are investigating the cause of the fire and the governmental National Human Rights Commission had been called in to help the migrants.

The agency said that it “energetically rejects the actions that led to this tragedy” without any further explanation of what those actions might have been.

The country’s immigration lockups have seen protests and riots from time to time.

Mostly Venezuelan migrants rioted inside an immigration center in Tijuana in October that had to be controlled by police and National Guard troops. In November, dozens of migrants rioted in Mexico’s largest detention center in the southern city of Tapachula near the border with Guatemala. No one died in either incident.

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

Human rights experts, advocates, and international organizations have been predicting even more deadly tragedies like this will result if the Biden Administration’s tone-deaf and outrageous “death to asylum seekers regulations” go into effect. The Biden Administration has blown them off!

These are just the most “graphic deaths” resulting from years of ill-advised “deterrence” policies at the border and a continued deterioration of the legal refugee and asylum system. This preventable human rights disaster began under Obama, accelerated dramatically under Trump, and has continued its “death spiral” under the Biden Administration’s “active indifference” to human rights, racial justice, and the rule of law at the border. Significantly, incidents like this don’t account for the tragedies that occur when legal asylum seekers are illegally returned to torture, abuse, and death in home countries or Mexico without receiving any due process from U.S. officials. 

Apparently, the Biden Administration believes that “death in Mexico will stay in Mexico” and that bodies and bleached bones along desolate areas of the U.S. borders will continue to be “below the radar screen.” In their own way, Biden policy officials are every bit as cruel, intellectually dishonest, and unaccountable as those in the Trump kakistocracy. 

It doesn’t have to be this way! Why aren’t more Dems meaningfully challenging the Biden Administration’s adoption of horrible, deadly, hate-fueled “Stephen Miller border policies?” 

“Death to asylum regulations” also mean death to our fellow humans seeking legal protection from the U.S. How is this acceptable “strategic policy” for ANY administration, let alone a Dem one?

🇺🇸 Due Process Forever!

PWS

03-28-23