immigrationcourtside – Page 340 – immigrationcourtside.com

CNN: The Human Trauma Of Trump’s Executive Orders Begins — Those Who Played By The Rules, Helped America, And Believed in Our Fairness And Humanity Face Potential Detention And Removal!

http://www.cnn.com/2017/01/28/politics/2-iraqis-file-lawsuit-after-being-detained-in-ny-due-to-travel-ban/index.html

“Lawyers for two Iraqis with ties to the US military who had been granted visas to enter the United States have filed a lawsuit against President Donald Trump and the US government after they were detained when they arrived in New York Friday.

The lawsuit could represent the first legal challenge to Trump’s controversial executive order, which indefinitely suspends admissions for Syrian refugees and limits the flow of other refugees into the United States by instituting what the President has called “extreme vetting” of immigrants.
Trump’s order also bars Iraqi citizens, as well as people from six other Muslim-majority nations, from entering the US for 90 days, and suspends the US Refugee Admissions Program for 120 days until it is reinstated “only for nationals of countries for whom” members of Trump’s Cabinet deem can be properly vetted.

According to court papers, both men legally were allowed to come into the US but were detained in accordance with Trump’s move to ban travel from several Muslim-majority nations.

The lawyers for the two men called for a hearing because they maintain the detention of people with valid visas is illegal. They were still at John F. Kennedy International Airport as of late Saturday morning, one of the lawyers told CNN.

“Because the executive order is unlawful as applied to petitioners, their continued detention based solely on the executive order violates their Fifth Amendment procedural and substantive due process rights,” the lawyers argue in court papers.
The two Iraqi men named as plaintiffs in the suit are Hameed Khalid Darweesh, who worked as an interpreter for the US during the Iraq War, and Haider Sameer Abdulkaleq Alshawi. The suit said Darweesh held a special immigrant visa, which he was granted the day of Trump’s inauguration on January 20, due to his work for the US government from 2003 to 2013.

The lawsuit said the US granted Alshawi a visa earlier this month to meet with his wife and son, whom the US already granted refugee status for their association with the US military.”

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The CNN report notes that lawsuits challenging the Executive Order have been filed. But as immigration scholar and Clinical Professor Steve Yale-Loehr of Cornell Law states in the full article, the lawsuit is no “slam dunk” given the Executive’s authority over immigration.

Also, these two individual had been approved and actually had visas when the Executive Order was issued. Most individuals “in the pipeline”who have been conditionally approved have not yet been issued visas. So, they won’t even be able to board planes for the United States. Others who actually have visas in hand will probably find that they have been cancelled before they can get on a plane for the U.S.

U.S. Courts have been most reluctant to review actions by the Executive that ostensibly relate to foreign policy, and particularly averse to reviewing actions taken by U.S. officials in foreign countries acting at the direction of the President or the Secretary of State.

Congress could act to attempt to limit or direct the President with respect too refugees. But that’s not going to happen. And, if it did, it would also raise some difficult separation of powers issues

So, when the smoke clears, it is quite possible that NGOs, refugee advocates, and others who oppose the President’s directives on refugees will be without a forum in which to challenge him.

PWS

01/28/17

Politico Maggie: Former State Department Coordinator For International Terrorism Ambassador Daniel Benjamin Says Trump’s Unjustified Actions Threaten National Security, Diminish U.S. As A Nation!

http://www.politico.com/magazine/story/2017/01/trump-immigration-refugee-vetting-consequences-executive-order-214702

Ambassador Benjamin writes:

With his executive action suspending the admission of refugees to the United States and temporarily halting the entry of citizens from a variety of Muslim countries, President Donald Trump made a quick down payment on a key campaign promise. He also set the U.S. on a disastrous course—one that threatens to weaken our national security and diminish American global leadership.

The order signed on Friday calls for a temporary ban on visas for individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia; a 120-day suspension of the resettlement of all refugees; and an indefinite ban on the resettlement of Syrian refugees.
It is hard to find any real basis for this action. During the campaign, Trump made frequent, unfounded claims that we have a “dysfunctional immigration system” and that unknown people are pouring through our borders. But over the past decade and a half, U.S. immigration enforcement has improved vastly to the point where it bears scant resemblance to the system whose vulnerabilities were exposed on 9/11. Travelers from all over the world are screened three or more times, with their names run through databases that draw on staggering amounts of intelligence and law enforcement information. The process flags all manner of misdeeds or suspicious information.

. . . .

We should also expect the order to anger Muslim partners around the world. Shutting the door on Iraqis, on whom we are relying in the ground fight against ISIL, isn’t going to help in that ongoing conflict. As one Iraqi asked on CBS news last night, “How is this our fault? … We are the victims. In fact, American ISIS fighters have come here.” At a moment when U.S. influence in the region is at a low ebb, and Russia, Iran and Turkey are collaborating in Syria and excluding the U.S., the American president should be concerned with building goodwill, not eroding it.

Beyond sending a negative message to Muslims around the world, the decision to stop resettlement of Syrian refugees bespeaks a meanness of spirit that is completely at odds with American values. Indeed, it’s almost unimaginable that today anyone would need to cite Emma Lazarus’s sonnet on the pedestal of the Statue of Liberty as a testament to what the nation has stood for, but perhaps things are just that upside down. Although Europe has a problem with uncontrollable surges of migrants, including many from Syria, the U.S. does not, nor has there been a case of Syrian extremists plotting violence here.

In fact, there is so much scrutiny of Syrian refugees that the federal bureaucracy, unprompted by any unwelcome incident, is reinvestigating several dozen Syrians who were admitted to the country even though their vetting was incomplete. (The errors were first discovered in 2015 and corrected last year.) And yet, despite that record, the Trump administration is determined to punish further the victims of the worst humanitarian crisis since World War II.

Pretty much anyone but Trump might see the post-election period, when the pressure of the political horse race is gone, as a moment for American leadership. Migration threatens the viability of the European Union as well as the political stability of American allies such as Jordan, Turkey and others. Even beyond Syria, political turmoil and failing economies are driving migrants to leave their homes for safer, more prosperous countries.

The only way to deal with this genuinely global phenomenon is with a mixture of economic assistance to improve prospects in countries from which people are migrating and an international effort to apportion and resettle those who genuinely can’t go back—which would require the U.S. to resettle substantially more refugees than it was before Trump halved the number for the coming year. Of course, it’s not surprising that America’s least philanthropic billionaire—whose name is on scores of buildings used to make profits but on no university edifices, museums or concert halls—wants to pull up the ladder that so many have used over centuries to escape to a better life. And given that his “America First” slogan evidently means giving little or nothing to anyone else, it’s impossible to imagine Trump showing the farsightedness to supply urgent development assistance or to drive a solution for this catastrophe—actions that would bolster U.S. national security in the longrun.

Does it need to be said again? Great countries don’t behave this way.”

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Read Ambassador Benjamin’s full article at the link.

PWS

01/28/17

Full Text Of President Trump’s Executive Order Suspending Refugee Admissions And Imposing Visa Restrictions

For Immediate Release
January 27, 2017

EXECUTIVE ORDER

– – – – – – –

PROTECTING the Nation from Foreign Terrorist Entry into the United States
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:

Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. Perhaps in no instance was that more apparent than the terrorist attacks of September 11, 2001, when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 Americans. And while the visa-issuance process was reviewed and amended after the September 11 attacks to better detect would-be terrorists from receiving visas, these measures did not stop attacks by foreign nationals who were admitted to the United States.

Numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes since September 11, 2001, including foreign nationals who entered the United States after receiving visitor, student, or employment visas, or who entered through the United States refugee resettlement program. Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.

In order to protect Americans, the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law. In addition, the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.

Sec. 2. Policy. It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.

Sec. 3. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern. (a) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall immediately conduct a review to determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.

(b) The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days of the date of this order. The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State and the Director of National Intelligence.

(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 vis!
as).

(d) Immediately upon receipt of the report described in subsection (b) of this section regarding the information needed for adjudications, the Secretary of State shall request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs.

(f) At any point after submitting the list described in subsection (e) of this section, the Secretary of State or the Secretary of Homeland Security may submit to the President the names of any additional countries recommended for similar treatment.

(g) Notwithstanding a suspension pursuant to subsection (c) of this section or pursuant to a Presidential proclamation described in subsection (e) of this section, the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked.

(h) The Secretaries of State and Homeland Security shall submit to the President a joint report on the progress in implementing this order within 30 days of the date of this order, a second report within 60 days of the date of this order, a third report within 90 days of the date of this order, and a fourth report within 120 days of the date of this order.

Sec. 4. Implementing Uniform Screening Standards for All Immigration Programs. (a) The Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall implement a program, as part of the adjudication process for immigration benefits, to identify individuals seeking to enter the United States on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission. This program will include the development of a uniform screening standard and procedure, such as in-person interviews; a database of identity documents proffered by applicants to ensure that duplicate documents are not used by multiple applicants; amended application forms that include questions aimed at identifying fraudulent answers and malicious intent; a mechanism to ensure that the applicant is who the applicant claims to be; a process to evaluate the applicant’s lik!
elihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest; and a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.

(b) The Secretary of Homeland Security, in conjunction with the Secretary of State, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall submit to the President an initial report on the progress of this directive within 60 days of the date of this order, a second report within 100 days of the date of this order, and a third report within 200 days of the date of this order.

Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland!
Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.

(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.

(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.

(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest — including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship — and it would not pose a risk to the security or welfare of the United States.

(f) The Secretary of State shall submit to the President an initial report on the progress of the directive in subsection (b) of this section regarding prioritization of claims made by individuals on the basis of religious-based persecution within 100 days of the date of this order and shall submit a second report within 200 days of the date of this order.
(g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees. To that end, the Secretary of Homeland Security shall examine existing law to determine the extent to which, consistent with applicable law, State and local jurisdictions may have greater involvement in the process of determining the placement or resettlement of refugees in their jurisdictions, and shall devise a proposal to lawfully promote such involvement.

Sec. 6. Rescission of Exercise of Authority Relating to the Terrorism Grounds of Inadmissibility. The Secretaries of State and Homeland Security shall, in consultation with the Attorney General, consider rescinding the exercises of authority in section 212 of the INA, 8 U.S.C. 1182, relating to the terrorism grounds of inadmissibility, as well as any related implementing memoranda.

Sec. 7. Expedited Completion of the Biometric Entry-Exit Tracking System. (a) The Secretary of Homeland Security shall expedite the completion and implementation of a biometric entry-exit tracking system for all travelers to the United States, as recommended by the National Commission on Terrorist Attacks Upon the United States.

(b) The Secretary of Homeland Security shall submit to the President periodic reports on the progress of the directive contained in subsection (a) of this section. The initial report shall be submitted within 100 days of the date of this order, a second report shall be submitted within 200 days of the date of this order, and a third report shall be submitted within 365 days of the date of this order. Further, the Secretary shall submit a report every 180 days thereafter until the system is fully deployed and operational.

Sec. 8. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1222, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions.

(b) To the extent permitted by law and subject to the availability of appropriations, the Secretary of State shall immediately expand the Consular Fellows Program, including by substantially increasing the number of Fellows, lengthening or making permanent the period of service, and making language training at the Foreign Service Institute available to Fellows for assignment to posts outside of their area of core linguistic ability, to ensure that non-immigrant visa-interview wait times are not unduly affected.

Sec. 9. Visa Validity Reciprocity. The Secretary of State shall review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal insofar as practicable with respect to validity period and fees, as required by sections 221(c) and 281 of the INA, 8 U.S.C. 1201(c) and 1351, and other treatment. If a country does not treat United States nationals seeking nonimmigrant visas in a reciprocal manner, the Secretary of State shall adjust the visa validity period, fee schedule, or other treatment to match the treatment of United States nationals by the foreign country, to the extent practicable.

Sec. 10. Transparency and Data Collection. (a) To be more transparent with the American people, and to more effectively implement policies and practices that serve the national interest, the Secretary of Homeland Security, in consultation with the Attorney General, shall, consistent with applicable law and national security, collect and make publicly available within 180 days, and every 180 days thereafter:

(i) information regarding the number of foreign nationals in the United States who have been charged with terrorism-related offenses while in the United States; convicted of terrorism-related offenses while in the United States; or removed from the United States based on terrorism-related activity, affiliation, or material support to a terrorism-related organization, or any other national security reasons since the date of this order or the last reporting period, whichever is later;

(ii) information regarding the number of foreign nationals in the United States who have been radicalized after entry into the United States and engaged in terrorism-related acts, or who have provided material support to terrorism-related organizations in countries that pose a threat to the United States, since the date of this order or the last reporting period, whichever is later; and

(iii) information regarding the number and types of acts of gender-based violence against women, including honor killings, in the United States by foreign nationals, since the date of this order or the last reporting period, whichever is later; and

(iv) any other information relevant to public safety and security as determined by the Secretary of Homeland Security and the Attorney General, including information on the immigration status of foreign nationals charged with major offenses.

(b) The Secretary of State shall, within one year of the date of this order, provide a report on the estimated long-term costs of the USRAP at the Federal, State, and local levels.

Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
January 27, 2017.

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PWS

01/28/17

Some Thought The World Would Test President Trump With An Early Crisis — But He Didn’t Wait — He Provoked An Entirely Avoidable One — With Our Friend, Ally, Neighbor, And Huge Trading Partner To The South!

http://www.wsj.com/articles/trumps-little-mexican-war-1485477900

From today’s WSJ editorial:

“When Mr. Trump visited the Journal in November 2015, we asked if the U.S. should encourage political stability and economic growth in Mexico. “I don’t care about Mexico honestly, I really don’t care about Mexico,” he replied.

That’s obvious, but he should care—and he will have to—if Mexico regresses to its ways before its reformation began in the 1980s. For decades our southern neighbor was known for one-party government, anti-Americanism, hyperinflation and political turmoil.

With U.S. encouragement, Mexico began to reform its statist economic model and embrace global competition. Ahead of the 1993 North American Free Trade Agreement (Nafta), Mexico privatized thousands of state-owned companies and deregulated much of the economy. With Nafta it cut tariffs and opened to foreign investment. Mexican agricultural was especially hard-hit by U.S. competition, but its businesses became more efficient and Nafta helped the country rebound from the 1994 peso crisis.”

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“I really don’t care about Mexico.” That really says it all about our President. But, maybe we should care, even if he doesn’t. What’s going to happen when he’s called upon to handle a real international crisis, not just one of his own making?

PWS

01/27/17

Optimists’ Corner: Human Dialogue Overcomes Political Divide At Busboys & Poets

https://www.washingtonpost.com/news/inspired-life/wp/2017/01/24/not-race-not-gender-just-american-these-white-men-left-their-black-waitress-an-uplifting-note-and-a-450-tip/?postshare=4291485513678958&tid=ss_fb&utm_term=.b959856dabfa

Colby Ikowitz writes in the Washington Post:

“But she said the men left her with so much more. Their words were a reminder not to make assumptions. And that so many Americans want unity, regardless of their politics, and to not be afraid to connect with someone as human beings, she said.

“This definitely reshaped my perspective. Republican, Democrat, liberal are all subcategories to what we are experiencing,” she said. “It instills a lot of hope.”

For White, he said he wanted to show her that they probably have more in common than it would appear.

“As I sat there I thought about the entire weekend and I thought I don’t know her, she doesn’t know me, but if most Americans have a preconceived perception about people then we’re never going to get better,” he said.”

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This “upbeat” take on today’s politics was forwarded to me by my ever optimistic friend, neighbor, and fellow dog walker Professor Alberto Benítez from GW Law. Teacher, role model, and steadfast advocate for social justice, human dignity, and understanding, Professor Benítez and his Clinic Students have been saving lives while doing good in the Arlington Immigration Court for many years. Lots of his alums are out there “making a difference every day” in Government, private practice, the NGO community, and academia.

One of the many great things the Professor has taught his student-attorneys is who really makes our justice system work at the “retail level:” of course, it is the dedicated, hard working, professional court staff who can tell you more about what the practice of law is actually about than almost any judge, prosecutor, or academic. When I worked at Dane County Legal Services after my first year at U.W. Law, my supervising attorney immediately took me over to the courthouse and introduced me to the folks in the Clerk’s Office. He said “These are the people who are going to make you or break you as a lawyer, so treat them well and they’ll show you the ropes.” It’s a lesson I never forgot.

Another great thing about Professor Benítez is his “Wisconsin connection” through his wonderful wife Janice, a native of the famous Fox River Valley metropolis of Oshkosh (by gosh, there really is such a place)!

PWS

01/27/17

USA Today: Cato Institute Says “America The Great” Hiding From Its Own Shadow — Chance Of American Being Killed By Vetted Refugee Terrorist: One in 36 Billion — You’d Probably Have A Better Chance Of Winning The Lottery 100X In A Row Or Being Killed By Your Own Lawnmower! — Trump To Bar Mexican-Made Lawnmowers Next?

http://www.usatoday.com/story/opinion/2017/01/25/syrian-refugees-trump-extreme-vetting-column/97043442/

Stephen Yale-Loehr and Nicholas Logothetis write in USA Today:

“The Cato Institute calculates that the chance of being killed in a terrorist attack committed by a refugee is about one in 3.6 billion a year. By comparison, CATO found, your chance of being murdered by anyone is one in 14,000. The head of the U.S. Citizenship and Immigration Services told Congress in September that not a single act of actual terrorist violence has been committed by a refugee “who has undergone our screening procedures” since 9/11.”

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In a “fact-free parallel universe” who cares? We can’t easily solve the real problems of worldwide terrorism, so let’s all “kick the cat.”

PWS

01/26/17

Politico: Haste Makes Waste — Acting First, Thinking Later, Might Come Back To Haunt Trump Administration!

http://www.politico.com/story/2017/01/trumps-flashy-executive-actions-could-run-aground-234200

“Experts warned that the quick moves could hurt Trump down the line and cause him to eventually slow down.

The State Department exhaustively reviewed the Keystone XL pipeline over many years before Obama rejected it, but Trump didn’t call upon agency officials’ expertise, even though reviving the project could prove complicated. It isn’t clear how Trump’s memo, which invites TransCanada to reapply for a permit, might bear on the company’s $15 billion claim against the U.S. under the North American Free Trade Agreement.

“The notion you would do something like this on an issue impacting a claim against the U.S. government for $15 billion without getting a full briefing from people involved — that’s more than unusual, that’s reckless,” said Keith Benes, a former State Department lawyer who handled Keystone.

There’s also the issue of Trump’s sweeping orders on immigration Wednesday that came with big promises but little clarity on who will ultimately foot the bill. For example, building a wall along the Mexico border is likely to cost at least $20 billion, and tripling border enforcement agents will likely cost billions more.

Trump has promised that Mexico will reimburse the United States for the cost of constructing the wall, and the executive order included vague language about the financing of the additional agents.

“He needs money to do it,” said Theresa Cardinal Brown, director of immigration policy for the Bipartisan Policy Center. “You can’t shuffle money around even within a department. You have to go back to Congress.”

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What’s reality, when you live in a parallel universe?

PWS

01/26/17

Opportunity Knocks: Amicus Invitation No. 17-01-26 AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017

Amicus Invitation No. 17-01-26
AMICUS INVITATION (ATTEMPT TO TRANSPORT A NARCOTIC DRUG FOR SALE), DUE FEBRUARY 27, 2017

JANUARY 26, 2017

The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:

ISSUES PRESENTED:

(1) Whether, assuming that Arizona prohibits at least one narcotic drug that is not within the Federal controlled substances schedules and that its statute is not divisible, a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7) and 13-3408(B)(7) is a crime involving moral turpitude. Please discuss in this regard Matter of Khourn, 21 I&N Dec. 1041 (BIA 1997), and Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016).
(2) Whether the respondent is removable under section 212(a)(2)(A)(i)(II) or section 212(a)(2)(C) of the Immigration and Nationality Act based on a conviction for attempt to transport a narcotic drug for sale under Ariz. Rev. Stat. §§ 13-3408(A)(7) and 13- 3408(B)(7), in light of Mathis v. United States, ___U.S.___, 136 S.Ct. 2243 (2016); Lopez-Valencia v. Lynch, 798 F.3d 863 (9th Cir. 2015); and Matter of Chairez, 26 I&N Dec. 819 (BIA 2016).

Request to Appear as Amicus Curiae: Members of the public who wish to appear as amicus curiae before the Board must submit a Request to Appear as Amicus Curiae (“Request to Appear”) pursuant to Chapter 2.10, Appendix B (Directory), and Appendix F (Sample Cover Page) of the Board of Immigration Appeals Practice Manual. The Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-26. The decision to accept or deny a Request to Appear is within the sole discretion of the Board. Please see Chapter 2.10 of the Board Practice Manual.

Filing a Brief: Please file your amicus brief in conjunction with your Request to Appear pursuant to Chapter 2.10 of the Board of Immigration Appeals Practice Manual. The brief accompanying the Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-26. An amicus curiae brief is helpful to the Board if it presents relevant legal arguments that the parties have not already addressed. However, an amicus brief must be limited to a legal discussion of the issue(s) presented. The decision to accept or deny an amicus brief is within the sole discretion of the Board. The Board will not consider a brief that exceeds the scope of the amicus invitation.

Request for Case Information: Additional information about the case may be available. Please contact the Amicus Clerk by phone or mail (see contact information below) for this information prior to filing your Request to Appear and brief.

Page Limit: The Board asks that amicus curiae briefs be limited to 30 double-spaced pages. 1

Deadline: Please file a Request to Appear and brief with the Clerk’s Office at the address below by February 27, 2017. Your request must be received at the Clerk’s Office within the prescribed time limit. Motions to extend the time for filing a Request to Appear and brief are disfavored. The briefs or extension request must be RECEIVED at the Board on or before the due date. It is not sufficient simply to mail the documents on time. We strongly urge the use of an overnight courier service to ensure the timely filing of your brief.

Service: Please mail three copies of your Request to Appear and brief to the Clerk’s Office at the address below. If the Clerk’s Office accepts your brief, it will then serve a copy on the parties and provide parties time to respond.

Joint Requests: The filing of parallel and identical or similarly worded briefs from multiple amici is disfavored. Rather, collaborating amici should submit a joint Request to Appear and brief. See generally Chapter 2.10 (Amicus Curiae).

Notice: A Request to Appear may be filed by an attorney, accredited representative, or an organization represented by an attorney registered to practice before the Board pursuant to 8 C.F.R. § 1292.1(f). A Request to Appear filed by a person specified under 8 U.S.C. § 1367(a)(1) will not be considered.

Attribution: Should the Board decide to publish a decision, the Board may, at its discretion, name up to three attorneys or representatives. If you wish a different set of three names or you have a preference on the order of the three names, please specify the three names in your Request to Appear and brief.

Clerk’s Office Contact and Filing Address:

To send by courier or overnight delivery service, or to deliver in person:

Amicus Clerk
Board of Immigration Appeals Clerk’s Office
5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041 703-605-1007

Business hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
Fee: A fee is not required for the filing of a Request to Appear and amicus brief.

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Once again, kudos and thanks to the BIA for asking for public input on these “sure to be precedent” issues!

PWS

01/27/17

Quartz: President Trump’s Claim Of High Correlation Between Undocumented Migrants And Crime Appears Bogus

https://qz.com/895624/how-much-crime-is-committed-by-immigrants/

Annalisa Merelli writes in Quartz:

“In his Jan. 25 executive order titled “Enhancing Public Safety in the Interior of the United States,” [P]resident Donald Trump announced that the Secretary of Homeland Security will publish, among other things, a weekly list of crimes committed by undocumented immigrants.

This might suggest that people in the US illegally commit an unusually large number of crimes. There isn’t a register of crimes committed by this group of people, so it’s hard to show whether or not that’s the case. However, two data points suggest this group commits fewer crimes than people in the country legally. They are pointed out in a 2015 special report from the American Immigration Council.”

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PWS

01/26/17

From “The Week:” Strange Bedfellows — If “Sanctuary Cities” & Migrants’ Advocates Defeat President Trump’s Policies In Court, They Might Owe A Huge Debt To Conservative Judges, Like The Late Justice Antonin Scalia!

http://theweek.com/articles/674498/how-conservative-judges-unintentionally-sabotaged-president-trumps-immigration-crackdown

Self-described “free-market progressive libertarian” Shikha Dalmia writes in The Week:

“But there’s another big cost that will hamstring this sanctuary city crackdown: If he can’t command local cooperation by threatening to cut funds, then President Trump also can’t de facto deputize local law enforcement agents. So he will have to cough up large sums of federal money to triple the size of the federal deportation force that would be required to eject millions of additional people.

And that will also mean bad optics, because without cooperative local authorities, President Trump will not be able to order ICE agents to whisk away all of these folks quietly in the dead of the night, shielded from media cameras. Instead, he’ll have to start raiding schools, neighborhoods, and workplaces, which will make for terrible publicity.

Whether Trump will go that far remains to be seen. But thanks primarily to the conservative justices on the Supreme Court, it’ll be very hard for him to do so. And that gives undocumented workers far more of a chance than if they had to depend only on the good intentions of local liberal politicians.

The irony is that these immigrants would be in much bigger trouble if Justice Sonia Sotomayor, along with her liberal colleague Ruth Bader Ginsburg, had prevailed in the ObamaCare ruling, as many liberals had hoped at the time. They were completely on board with ObamaCare’s efforts to use federal funds to strong-arm states.

So what’s the lesson? That standing up for bedrock checks and balances is a far better protector of vulnerable minorities than do-gooding liberal politics.”

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I’ve written before that the Trump Administration might not get the anticipated “free pass” to bash migrants that they apparently anticipate from Republican appointees on the U.S. Courts of Appeals and a conservative majority Supreme Court. Leaving aside “hot button” or “litmus test” issues like abortion, doctrinal conservatives often have great Constitutional reservations about the unbridled use of Executive Power. Indeed, doctrinal conservatism at some point comes close to libertarianism, and libertarianism has some things in common with liberalism.

Thus, at some point in my career, I found myself sitting at a Cato Institute Seminar and nodding in agreement when none other than Grover Norquist described his essentially “free market” approach to migration and border enforcement issues.

In the end, the fact that independent Article III judges, conservative, liberal, middle of the roaders, Republicans, and Democrats, freed of political control, will deliberatively decide what the law requires could turn out to be a bigger problem for the Trump Administration than they had anticipated.

PWS

01/27/17

The Nation: Ivanka’s Husband, Beloved Son-In-Law, Trusted Advisor — Jared Kushner Probably Wouldn’t Here Under His Father-In-Law’s Restrictive Policies!

Read the moving story of Jared Kushner’s ancestors and how an eventual thaw in America’s anti-immigrant attitudes and rabidly anti-semitic policies saved the family.

https://www.thenation.com/article/nobody-wanted-to-take-us-in-the-story-of-jared-kushners-family-and-mine/

“Although the specific targets have changed, some of the language and much of the vitriol spewed at immigrants some 100 years ago wouldn’t be out of place at one of Trump’s “Make America Great Again” rallies, or tumbling from the mouth of his chosen national-security adviser or attorney general. Then, as now, hypernationalistic figures raged against religious minorities they deemed suspicious, scheming, and potentially disloyal. Then, as now, war abroad stirred up refugee phobias at home. And while there are differences, to be sure—while the past is never simple prelude—then, as is happening again now, the ugly rhetoric quickly gave way to ugly policy.”

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So why don’t folks like Jared and Ivanka, who seem like decent people, have had the good fortune to live privileged lives in the United States, and have influence with the President, stand up for the vulnerable and less privileged? Why don’t they “just say no” to President Trump’s rekindling of the types of policies and attitudes that might have condemned Jared’s family to eternal agony with nowhere to turn for salvation and refuge?

PWS

01/27/17

Refugees Make America Great, And Make Each Of Us Better Human Beings — A Dissenting View From Trump Policies

http://www.cnn.com/2017/01/26/opinions/lets-help-syrian-refugees-warmflash-opinion/index.html

“Having worked firsthand with refugees in my community, I think Donald Trump has it wrong – they love America,” Ora Warmflash writes on CNN:

“President Trump has said his refugee ban is necessary to protect our country, and his executive order reads, “We must ensure that those admitted to this country do not bear hostile attitudes toward our country and its founding principles.”
In addition to suspending the admission of refugees, he wants to cut in half the total number who could be admitted.
It’s easy to get lost in the global scope of the refugee crisis and the tough language of our new President’s insistence that we need tighter vetting. It’s too easy to forget the human reality of what it’s like to be — or to welcome — a family seeking solace and a new life.
One thing I know is this family is so grateful to be here. When my husband met them for the first time, just a few days after they arrived here, he asked them how they are adjusting. “We love America,” they said. Whenever we see them, every meeting starts and ends with kisses on each cheek and the words “thank you.”

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PWS

01/26/17

Arlington Immigration Court “Chatter” — Local Immigration Attorney Says “New Sheriff In Town” — The End of “PD”

From today’s e-mail “chatter:”

“For all those who said ‘he doesn’t mean what he says’ or ‘it will not be that bad’ that is now officially bullshit. As of this afternoon all DHS Office of Chief Counsel prosecutors have been instructed not to exercise prosecutorial discretion in removal cases. The most recent executive order from the White House lists as enforcement priorities for removal those who have been CHARGED with a criminal offense whether that offense is resolved or not. In immigration offices and courts throughout the US ‘there’s a new Sheriff in town’ is driving denials and deprivation of rights. We have closed our doors to refugees and now will embark on an interior campaign against immigrants. And it is day 6.”

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Sad, but predictable, based on yesterday’s Interior Enforcement Executive Order. While it lasted, prosecutorial discretion (“PD”) was one of the best and smartest policies ever applied by immigration prosecutors.

It was a “quadruple winner:” prosecutors got low priority cases off their overcrowded dockets; overtaxed Immigration Courts could concentrate on more important cases; respondents with equities, good records, who had lived productive lives, and paid taxes got (limited, but potentially life-saving) humanitarian relief that the courts could not offer; and communities, employers, and families in the United States got to retain individuals who were contributing to our country in large and small ways.

But, as I’ve indicated before, sometimes philosophical roadblocks (including bias and prejudice) blind folks to their own self interest. And, I’m NOT talking about the DHS Counsel here; their hands are tied and clearly nobody asked them before the politicos changed the policies. They are just the “messengers” for policies that they don’t necessarily endorse.

PWS

01/26/17

Fox News: Text Of President Trump’s Executive Order On Interior Enforcement!

http://www.foxnews.com/politics/2017/01/25/text-trump-executive-order-on-enhancing-public-safety-in-interior-united-states.html

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Wow! Incredibly broad! Probably easier to determine what isn’t a priority (offhand, I’d say something like “undocumented migrants already in the United States who have lived lives completely free from any run-ins with the law” — and, there are definitely quite a few of those) than what is!

Unlike the Border Enforcement Executive Order, which specifically requires detention of arriving migrants with very narrow, case-by-case, exceptions, this order does not specifically direct immigration officials to detain all interior removal “priorities.” But, it certainly is implicit in the President’s Order that all of the stated removal priorities “present a significant threat to national security and public safety.” That’s probably going to result in at least a de facto “presumption of detention” in all priority cases. And, regulations, precedents, or other directives from the Secretary of Homeland Security and the Attorney General could specifically establish such a presumption.

So, everyone arriving at the border without documentation is a priority and will be thrown in detention. And, everyone in the interior who is undocumented and has ever been arrested, charged, or committed any crime, no matter how minor, and regardless of whether convicted, will also be prioritized, and most of them will be thrown in detention.

Consequently, almost everybody in Immigration Court will be a “Detained Priority” or an “Enforcement Priority” of some type. That’s going to mean yet another massive re-shuffling of dockets.

And, since almost everyone will be detained, there will be even more excruciating pressure on already stressed and overwhelmed U.S. Immigration Judges to “move” these cases, without much regard to due process, because detention will be costing a fortune (and the Supremes well might place a limit on the duration of “pre-hearing” detention).

In that case, why would anybody interested in being a “real” judge who isn’t already in the system and not eligible to retire, want the Immigration Judge’s job? Yes, I’m sure that there will be many lawyers out there who need jobs and will apply. But, they are likely to be those who see being a “judge” in the Executive Branch under such circumstances as a law enforcement position, rather than a chance to be an impartial “umpire,” scholar, or dispenser of balanced and deliberative due process.

Perhaps, the initiative will be a huge enforcement success; the Article III Courts will sign on and basically dispense with any semblance of “normal” due process for migrants, thus allowing them essentially to be railroaded out of the U.S. Obviously, that’s what the Administration is counting on.

Alternatively, however, the Article III Courts might “dig in” and insist on scrupulously fair hearings, thereby essentially grinding all enforcement to a halt and forcing massive “re-dos” of already “expedited” and “prioritized” cases. In that event, the initiative will turn out to be a colossal and incredibly expensive failure.

I suspect that the Supremes will have to sort this out in the fairly near future. In the past, a Supreme Court with the late Justice Antonin Scalia sitting frequently vindicated the rights of migrants against attempted Government overreaching by Administrations of both parties. So, it’s by no means a “given” that a Supreme Court with a disciple of Justice Scalia as the new Justice would necessarily endorse all aspects of the President’s enforcement initiatives. We’ll just have to wait and see.

And, surprisingly, particularly to those who think that this is a “great” idea, the answer may affect the due process rights of more than just migrants. You never know when you yourself might be in need of a little due process. It often happens to those who least expect it.

Meanwhile, “back at the ranch,” not only is it a great time not to be a refugee, but it’s a really great time to be retired from the USG (and, the U.S. Immigration Court, in particular).

PWS

01/25/17

Vox Reports More Harsh Executive Actions On Migration May Be In The Offing!

http://www.vox.com/policy-and-politics/2017/1/25/14390106/leaked-drafts-trump-immigrants-executive-order

“On Tuesday, Vox was given six documents that purported to be draft executive orders under consideration by the Trump administration. The source noted that “all of these documents are still going through formal review” in the Executive Office of the President and “have not yet been cleared by [the Department of Justice or the Office of Legal Counsel].”

We were not, at the time, able to verify the authenticity of the documents and did not feel it would be reasonable to publish or report on them.

But on Wednesday afternoon, Trump signed two executive orders on immigration that word-for-word matched the drafts we’d received. Given that our source had early access to two documents that were proven accurate, and that all the orders closely align with Trump’s stated policies on the campaign trail, we are reporting on the remaining four.

The source cautioned that “there are substantive comments on several of these drafts from multiple elements of NSC staff” and “if previous processes remain the norm, there [are] likely to be some substantive revisions.” It is possible these orders will emerge with substantial changes, or even be scrapped altogether.

We sent the White House PDFs of the documents and left voicemails with aides, but did not receive a response.

The two orders released today by the Trump administration, and delivered yesterday by our source, start the process of building President Trump’s famous “wall,” and make it easier for immigration agents to arrest, detain, and deport unauthorized immigrants at the border and in the US. Those policies are explained in detail here.

The four remaining draft orders obtained by Vox focus on immigration, terrorism, and refugee policy. They wouldn’t ban all Muslim immigration to the US, breaking a Trump promise from early in his campaign, but they would temporarily ban entries from seven majority-Muslim countries and bar all refugees from coming to the US for several months. They would make it harder for immigrants to come to the US to work, make it easier to deport them if they use public services, and put an end to the Obama administration program that protected young “DREAMer” immigrants from deportation.

In all, the combined documents would represent one of the harshest crackdowns on immigrants — both those here and those who want to come here — in memory.”

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See the full Vox story at the link for details on each of the “draft” orders.

PWS

01/25/17

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