MORE DC AREA FAMILIES & COMMUNITIES TRASHED BY TRUMP’S ARBITRARY IMMIGRATION ENFORCEMENT POLICIES!

https://www.washingtonpost.com/local/social-issues/a-soccer-star-from-gaithersburg-won-a-college-scholarship-but-ice-plans-to-deport-him/2017/07/31/07ef1ff8-764b-11e7-8839-ec48ec4cae25_story.html?utm_term=.4783f45f9347&wpisrc=nl_buzz&wpmm=1

Rachel Chason reports for the Washington Post:

“Foster McCune will play Division I soccer at Georgetown University this fall. Matt and Ben Di Rosa, twins from the District’s Chevy Chase neighborhood, will play for the University of Maryland.

On Monday night, they stood with other members of their elite Bethesda Soccer Club outside Department of Homeland Security headquarters in Northwest Washington, protesting the arrest and pending deportation of a beloved teammate: Lizandro Claros Saravia.

Claros Saravia, 19, who had a scholarship to play college soccer in North Carolina, was detained along with his older brother, Diego, in Baltimore on Friday following one of their regular check-ins with immigration officials.

Lizandro Claros Saravia ( Courtesy of Bethesda Soccer Club )

They entered the United States illegally in 2009, fleeing violence in their native El Salvador. Lizandro Claros Saravia graduated from Quince Orchard High School in Gaithersburg this past spring and was planning to attend the two-year Louisburg College in North Carolina on a soccer scholarship this fall.

“He’s one of the hardest-working people on our team,” Matt Di Rosa said at the protest, which drew about 50 people, including family, teammates and immigration advocates. “He has a bright future, and that’s something he actively sought.”

Diego Claros Saravia, 22, graduated from high school a few years ago and works in a car repair shop.

Neither brother has a criminal record, said Nick Katz, senior manager of legal services at the immigration advocacy organization CASA de Maryland, who is representing the pair.

They would not have been priorities for deportation under the Obama administration, according to a spokesman for U.S. Immigration and Customs Enforcement. But President Trump’s administration has made clear that any undocumented immigrant is vulnerable to deportation, and there has been a steady increase in the number of people detained after otherwise routine check-ins, advocates say.

Play Video 2:42
Trump said he would deport millions. Now ICE is in the spotlight.
The White House has said they are focused on deporting undocumented immigrants who “pose a threat to this country,” but advocates say undocumented immigrants without criminal records are being detained by ICE. (Monica Akhtar/The Washington Post)

The brothers, who were detained by immigration officers when they arrived in the United States, were issued final removal orders by an immigration judge in November 2012, but were released pursuant to an order of supervision, ICE spokesman Matthew Bourke said.

They were both granted a stay of removal in 2013. But their two subsequent applications for stays were denied. Since 2016, Bourke said, ICE deportation officers have instructed the brothers to purchase tickets for departure.

“It doesn’t make any sense,” Katz said. “These are the kids who we want to stay.”

Fatima Claros Saravia, 25, cried as she held up a sign she had made for her brothers. “Stop separating families,” she wrote under photos of Lizandro playing soccer. “Let my brothers live their American dream.”

“They wanted to study and to work,” she said. “We are heartbroken — this is not fair, and it is not right.”

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Read the full story at the link.

This is an example of the type of “order” and “rationality” that Gen. John Kelly brought to DHS. That’s why I’m not as sanguine as some that he will bring any sense of order and decency to the gonzo crew in the West Wing.

“Dumb, divisive, and cruel” enforcement by DHS is likely to be the norm unless and until the majority of U.S. voters who don’t believe that this is the best use of taxpayer dollars rise up and put more responsible politicians in office.

PWS

08-01-17

 

The Gibson Report for July 31, 2017

The-Gibson-Report-July-31-2017

 

PWS

08-31-17

NAIJ PRESIDENT JUDGE DANA LEIGH MARKS DETAILS MELTDOWN IN U.S. IMMIGRATION COURTS — CALLS ON CONGRESS FOR URGENT ACTION ON ARTICLE I IMMIGRATION COURT!

https://www.naij-usa.org/images/uploads/publications/NAIJ_-_Snapshot_CRISIS_FACING_OUR_IMMIGRATIONJune_2017.pdf

Judge Marks writes:

“SNAPSHOT OF THE CRISIS FACING OUR IMMIGRATION COURTS TODAY SALIENT FACTS AND URGENT NEEDS

June 2017

As America wrestles with unprecedented challenges to our immigration system, we are once again at a delicate juncture where we must avoid repeating the mistakes of our past. The most overlooked and often forgotten piece of the complicated immigration puzzle facing the nation is our immigration court system. Action is needed NOW to protect these unique courts from politicization and dysfunction. They are often the only face of American justice that non-citizens experience, and our values must be embodied by them. What is needed is an efficient, fair system that assures independent and timely decisions which protect the public from those who may be dangerous to our communities, and allows noncitizens who qualify (because of close family connections, employment here, or persecution in their home country) to stay here.

RECALCITRANT CASE BACKLOGS

As of the end of April, 2017, the Immigration Court backlog stood at 585,930.i The caseload of the Immigration Court has more than doubled since 2010. ii

LENGTHY DELAYS

The average number of days a case was pending on the Immigration Court docket until decision was 670 days as of April 30, 2017, although 9 states (in order of descending magnitude: Colorado, Illinois, Ohio, New Jersey, Texas, Michigan, Nebraska, Arizona and California) exceeded that average.iii The longest wait time is in Colorado, which is 1,002 days.iv

SURGING CASELOAD ON THE HORIZON

In 2014, an unprecedented influx of unaccompanied minors at our nation’s southwest border was labeled a humanitarian crisis, prompting the Senate to nearly double the available funding for care and resettlement of child migrants.v Those cases remain on our dockets and are not easily resolved: of the 229,357 pending juvenile cases as of April 30, 2017, 42% had no legal representation.vi It is inevitable that this influx caused dramatic increases in our dockets and will impact our system for years to come.vii Since January of 2017, our courts have been experiencing another significant increase in new cases resulting from the initiatives announced by President Trump and DHS.viii Many observers agree this is overwhelming an already strained system.ix During the first three months following these announcements, immigration arrests increased 38% over the same period one year earlier.x

1

FAILURE TO MEET PREDICTABLE STAFFING NEEDS IN A TIMELY FASHION

The inability of the Immigration Courts to meet these surges in caseload is due, in large part, to the chronic lack of sufficient court staff. As long ago as 2006, after a comprehensive review of the Immigration Courts by Attorney General Gonzales, it was determined that a judge corps of 230 Immigration Judges was inadequate for the caseload at that time (approximately 168,853 pending cases) and should be increased to 270.xi Despite this finding, there were less than 235 active field Immigration Judges at the beginning of FY 2015.xii To make matters much worse, 39% of all Immigration Judges are currently eligible to retire.xiii Even with a recent renewed emphasis on hiring, the current number of Immigration Judges nationwide stands at approximately 318 today (298 who are actually in field courts), well below authorized hiring levels of 384.xiv One expert observer recommends adding at least 150 immigration judges to the corps based on its meticulous analysis of past caseload needs.xv The American Bar Association, Administrative Conference of the United States and two expert roundtables convened by Georgetown University’s Institute for the Study of International Migration have all called for dramatically increased resources to staff up our courts.xvi

INADEQUATE SPACE, FACILITIES AND EQUIPMENT

As caseloads explode, the Immigration Courts find themselves in desperate need of additional physical space and facilities to conduct hearings, to accommodate both staff and the voluminous legal filings. Modernized equipment and electronic filing initiatives are needed immediately in order to respond.xvii The current courtrooms are too small to accommodate the large numbers of families now appearing before our courts, raising serious concerns regarding public safety and security. In addition, we don’t have enough courtrooms or courtrooms in the appropriate places to address the caseload.

FAILURE TO PROVIDE ESSENTIAL TOOLS FOR ADJUDICATIONS

Despite express congressional authorization of contempt power for Immigration Judges in 1996, the Department of Justice still has not promulgated implementing regulations. Without authority to impose civil monetary sanctions for attorney misconduct, Immigration Judges lack an important tool in controlling court proceedings over which they preside.

DEEPENING DISCONNECT IN FUNDING BETWEEN DHS AND THE IMMIGRATION COURTS

In the past decade, budgets for components in the Department of Homeland Security (Customs and Border Patrol and Immigration and Customs Enforcement) rose approximately 300% compared to 70% for the Executive Office of Immigration Review.xviii In the meantime, while grappling with this meteoric rise in our dockets, budget bills fail to “right-size” this funding ratio and properly provide for the predictable needs of our courts. xix

CHRONIC SCARCITY OF RESOURCES CRIPPLES DAILY OPERATIONS OF THE COURT

A catastrophic hardware failure on April 12, 2014 took the docketing system off-line for five weeks, impacting the public hotline, digital audio recording and access to the electronic docketing database.xx We fear occurrences like this are just the tip of the iceberg as our chronically resource-starved system continues to face the unprecedented challenges of aging technology, surging caseloads and potential retirements.xxi We remain behind the curve, lacking state-of-the art-technology, e-filing and a reliable corps of skilled interpreters. Cases are cancelled on a regular basis because of the language services contractor’s inability to provide interpreters and serious due process concerns are implicated as the quality of interpreters which are provided has diminished.

2

JUDGES PUSHED TO THE BRINK

More than five years ago, Immigration Judges reported stress and burnout at higher levels than prison wardens or doctors at busy hospitals.xxii After continuing to struggle in an environment of decreased resources and skyrocketing caseloads for so long, morale is at an all-time low and stress at an all-time high. An unprecedented number of retirements is looming.

SOLUTION

While it cannot be denied that additional resources are desperately needed immediately, resources alone cannot solve the persistent problems facing our Immigration Courts. Structural reform can no longer be put on the back burner. Since the 1981 Select Commission on Immigration, the idea of creating an Article I court, similar to the U.S. Tax Court, has been advanced.xxiii In the intervening years, a strong consensus has formed supporting this structural change. xxiv For years experts debated the wisdom of far-reaching restructuring of the Immigration Court system. Now “[m]ost immigration judges and attorneys agree the long term solution to the problem is to restructure the immigration court system….” xxv

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

For additional information, visit our website at www.naij-usa-org or contact:

Dana Leigh Marks, President
National Association of Immigration Judges
100 Montgomery Street, Suite 800
San Francisco, CA 94104
415-705-0140
Dana.Marks@usdoj.gov and danamarks@pobox.com

i Transactional Records Access Clearinghouse (TRAC), Syracuse University, Backlog of Pending Cases in Immigration Courts as ofDecember2016,http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php; TRAC,SyracuseUniversity, Average Time Pending Cases Have Been Waiting in Immigration Courts as of April 2017, http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog.php/.

ii Id. and Human Rights First, Reducing the Immigration Court Backlog and Delays, http://www.humanrightsfirst.org/sites/default/files/HRF-Backgrounder-Immigration-Courts.pdf

3

iii

iv

v

Supra note i.

Supra note i.
See Presidential Memorandum For the Heads of Executive Departments and Agencies, June 2, 2014,

http://www.whitehouse.gov/the-press-office/2014/06/02/presidential-memorandum-response-influx-unaccompanied-alien-

children-acr and David Rogers, Senate Democrats Double Funding for Child Migrants, POLITICO, June 10, 2014,http://www.politico.com/story/2014/06/child-migrants-immigration-senate-democrats-107665.html

vi TRAC, http://trac.syr.edu/phptools/immigration/juvenile/

vii PBS News Hour, Last year’s child migrant crisis is this year’s immigration court backlog, http://www.pbs.org/newshour/wp-content/uploads/2015/06/Last-years-child-migrant-crisis-is-this-years-immigration-court- backlog.mp3, June 18, 2015

viii Increase in US Immigration Enforcement Likely to Mean Jump in Deportations, VOA, February 3, 2017, https://www.voanews.come/a/increased-us-immigration-enforcement-to-mean-jump-in-deportations/3705604.html

ix Priscilla Alvarez, Trump’s Immigration Crackdown Is Overwhelming a Strained System, THE ATLANTIC, April 21, 2017, https://www.theatlantic.com/politics/archive/2014/04/trump-immigration-court-ice/523557

x Caitlin Dickerson, Immigration Arrests Rise Sharply as a Trump Mandate is Carried Out, THE NEW YORK TIMES, May 17, 2017, https://www.nytimes.com/2017/05/17/us/immigration-enforcement-ice-arrests.html?_r=0

xi See Press Release, Dep’t of Justice, Attorney General Alberto R. Gonzales Outlines Reforms for Immigration Courts and Board of Immigration Appeals (Aug. 9, 2006), available at http://www.justice.gov/opa/pr/2006/August/06_ag_520.html , and TRAC, Improving the Immigration Courts: Efforts to Hire More Judges Fall Short, http://trac.syr.edu/immigration/reports/189/ .

xii Approximately 20 Immigration Judges are now serving in exclusively or primarily managerial positions with little or no pending caseload. See EOIR Immigration Court Listings, http://www.justice.gov/eoir/sibpages/ICadr.htm. Moreover, it is extremely difficult to precisely calculate the number of IJs at any given point due to the rapid rate of retirements. See Homeland Security Newswire, U.S. Govt. the Largest Employer of Undocumented Immigrants, May 30, 2014, http:www.homelandsecuritynewswire.com/dr20140530-u-s-govt-the-largest-employer-of-undocumented-immigrants

xiii GAO, Immigration Courts – Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operational Challenges, GAO-17-438 (June, 2017).

xiv Supra note xiv; https://www.justice.gov/eoir/eoir-immigration-court-listing
xv See, supra, Human Rights First, Reducing the Immigration Court Backlog and Delays,

Click to access HRF-Backgrounder-Immigration-Courts.pdf

xvi American Bar Association, Reforming the Immigration Court System (2010), Administrative Conference of the United States (ACUS), “Immigration Removal Adjudication, Committee on Adjudication, Proposed Recommendation,” June 14 – 14, 2012; Georgetown University, Institute for the Study of International Migration, Refugee, Asylum and Other Humanitarian Policies: Challenges for Reform, report on expert’s roundtable held on October 29, 2014, available at https://isim.georgetown.edu/sites/isim/files/files/upload/Asylum%20%26%20Refugee%20Meeting%20Report.pdf

  1. xvii  Supra note xiv.
  2. xviii  See, Marc R. Rosenblum and Doris Meissner, The Deportation Dilemma, Reconciling Tough and Humane Enforcement,

MIGRATION POLICY INSTITUTE, April, 2014, http://www.migrationpolicy.org/research/deportation-dilemma-reconciling-tough- humane-enforcement

xix Erica Werner, Spending Leaves Out Immigration Courts, ASSOCIATED PRESS, Sept. 18, 2014, http://hosted.ap.org/dynamic/stories/U/US_CONGRESS_IMMIGRATION_OVERLOAD?SITE=AP&SECTION=HOME&TEMPLATE- DEFAULT&CTIME=2014-08-18-16-57-40

4

xx Elizabeth Summers, Weeks-Long Computer Crash Sends U.S. Immigration Courts Back to Pencils and Paper, PBS NEWSHOUR, May 23, 2014, http://www.pbs.org/newshour/updates/weeks-long-computer-crash-sends-u-s-immigration-courts-back- pencils-paper/.

xxi Laura Wides-Munoz, Nearly Half Of Immigration Judges Eligible For Retirement Next Year, Huffington Post, Dec. 22, 2013, available at http://www.huffingtonpost.com/2013/12/22/immigration- judges_n_4489446.html?utm_hp_ref=fb&src=sp&comm_ref&comm_crv.

xxii Stuart L. Lustig et al., Inside the Judges’ Chambers: Narrative Responses from the National Association of Immigration Judges Stress and Burnout Survey, 23 GEO. IMMIGR. L.J. 57 (2009).

xxiii COMM’N ON IMMIGRATION & REFUGEE POLICY, U.S. IMMIGRATION POLICY AND THE NATIONAL INTEREST: FINAL REPORT AND RECOMMENDATIONS OF THE SELECT COMMISSION ON IMMIGRATION AND REFUGEE POLICY WITH SUPPLEMENTAL VIEWS BY THE COMMISSIONERS (1981).

xxiv Prestigious legal organizations such as the American Bar Association, Federal Bar Association, and American Judicature Society wholeheartedly endorse this reform. While not as certain as to the exact form of change desired, reorganization has also been endorsed by the American Immigration Lawyers Association, and increased independence by the National Association of Women Judges.

xxv Supra, note ii.”

5

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

PROGRAM NOTE:

I am a retired member of the National Association of Immigration Judges (“NAIJ”).

 

GUILTY! — JoeToGo (To Jail?) — Arpaio On Wrong Side Of Law!

https://www.washingtonpost.com/world/national-security/ex-sheriff-joe-arpaio-convicted-of-criminal-contempt/2017/07/31/26d9572e-7620-11e7-8f39-eeb7d3a2d304_story.html

Matt Zapotosky reports in the Washington Post:

“Joe Arpaio, a former Arizona sheriff whose extreme stance on illegal immigration made him a household name, was convicted Monday of criminal contempt of court for ignoring a judge’s order to stop detaining people because he merely suspected them of being undocumented immigrants.

U.S. District Judge Susan R. Bolton wrote that Arpaio had shown a “flagrant disregard” for the court’s command and that his attempt to pin the conduct on those who worked for him rang hollow.

“Not only did Defendant abdicate responsibility, he announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise,” Bolton wrote.

A Justice Department spokeswoman said Arpaio faces up to six months in prison at his sentencing, which is scheduled for October 5. Arpaio’s attorney said he would appeal in order to get a trial by jury. He had been convicted after a trial in front of Bolton.”

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

Read the complete article at the link.

Eventually, justice catches up with folks like Arpaio.

PWS

08-01-17

CNN’S TAL KOPAN: Meet New Acting DHS Secretary Elaine Duke

http://www.cnn.com/2017/07/28/politics/elaine-duke-homeland-security-john-kelly/index.html

Tal writes:

“Washington (CNN)With Homeland Security Secretary John Kelly being tapped as President Donald Trump’s new White House chief of staff, leadership of the agency responsible for protecting the nation at home will fall to Elaine Duke, the deputy secretary.

According to the Department of Homeland Security, Kelly will remain the secretary until Monday, and then Duke will take over in an acting capacity.
The longtime veteran of government brings an expertise in business management and government acquisition to the role, with many of her past positions focused on the operational side of the bureaucracy.
Duke was sworn in as deputy secretary in April after a seven-year stint in the private sector. She was confirmed by the Senate on an overwhelmingly bipartisan vote, 85-14.
“I am grateful to have this opportunity to further mature the Department and continue improving its efficiency and effectiveness,” Duke testified at her confirmation hearing for the deputy position. “If confirmed, I promise to lead DHS in enforcing the law with respect and integrity. I will be honest in my assessments and recommendations, and relentless in pursuing excellence. Such commitments are critical at this juncture in homeland security.”
Since taking office, Duke has taken a lead role in many of the agency’s priorities, including an effort to increase security on large electronics in carry-ons on airplanes traveling to the US.
A public servant for nearly three decades, Duke spent the last eight years of her tenure with government at DHS, serving in a Senate-confirmed position as undersecretary for management from 2008 to 2010.
After working at DHS, she worked as the principal of Elaine Duke & Associates, described in her DHS bio as an acquisition and business consulting firm.
During her tenure at DHS, Duke worked in management and as chief procurement officer. She also worked in acquisition at the Transportation Security Administration. She took on that role less than a year after the September 11 attacks, according to an older speaker’s biography.
Duke also worked at the Department of Defense before she arrived at DHS.
She went to New Hampshire College for her undergraduate degree in business and received an MBA from Chaminade University of Honolulu.
According to DHS, she has received many honors during her public service career, including the Presidential Meritorious Rank Award, the DHS Secretary’s Medal, the TSA Silver Medal for Customer Service, the Department of the Army Commander’s Award for Public Service, and the Coast Guard’s Distinguished Public Service Medal.
Duke is married and has two sons, according to her Senate testimony.”
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Duke looks like a total pro. And, it appears that, barring something unusual happening (which might be the norm in this Administration), she will be around until at least next year, even if she doesn’t get the nod for the Secretary appointment.
But, General Kelly also looked and sounded like a pro until his confirmation hearing was over. Then, Kelly bought into and carried out the zany max enforcement, minimum judgment, waste of resources White Nationalist immigration program of Sessions, Bannon, Miller, and ultimately Trump. In other words, he was unwilling or unable to stand up for smart and humane enforcement that could benefit the country and stop the waste of taxpayer dollars.
Duke has one thing going for her that Kelly didn’t: she is familiar with the formidable DHS bureaucracy and how to actually get things done. Notwithstanding his credentials, Kelly appeared afraid to “just say no” to the demands of some (but by no means all) DHS agents for unlimited discretion for “gonzo” enforcement. Presumably, Duke is no stranger to the concept that line agents should carry out policies (and have their views considered, among others, in determining policies), not “make them up as they go along.”
Will Duke continue the “gonzo” policy of overloading the already overwhelmed U.S. Immigration Courts and stripping DHS prosecutors of discretion to help manage dockets? Or, will she take responsibility for establishing rational Immigration Court filings by DHS and restore needed ability to exercise prosecutorial discretion to the Assistant Chief Counsel?
We’ll see what happens.
PWS
08-01-17

CNN: American Families Are The Human Wreckage Of Trump’s Deportation Policies!

http://www.cnn.com/2017/07/27/politics/connecticut-family-deportations/index.html

Mallory Simon and Alex Marquardt report on CNN:

“New Fairfield, Connecticut (CNN)Six-year-old Preston Colindres runs up the driveway and front steps and jumps into his father’s arms.

“Hey buddy! How are you? Oh, I love you!” Joel Colindres says as he kisses his son’s cheek. He picks up his 2-year-old daughter, Lila, hugs her and tells her he loves her.
Colindres’ children don’t know their father’s heart is breaking.
Colindres, 33, fled from Guatemala more than a decade ago. He and his American wife, Samantha, can’t quite figure out how to tell their young children that in less than a month he may no longer greet them on the steps of their New Fairfield home.
How do you explain to a 6-year-old why their father is going to be deported? The couple is unsure — especially when they can’t figure it out themselves.
“I can’t seem to summon the courage to look them in the face and say all that,” Samantha Colindres said. “How can you say it before bed, how’s he going to sleep? How do you say it in the morning before school and ruin his day? When’s the right time?”
Colindres must produce an airline ticket to Guatemala on Thursday as proof that on August 17 he intends to comply with a deportation order.
Stopping illegal immigration and kicking out “bad hombres” was a central theme of Donald Trump’s presidential campaign. In the days after his inauguration, he vowed to rid the country of violent criminals who enter the country illegally.
Trump administration widens net on deportation
Trump administration widens net on deportation 01:53
Since he came into office, the number of undocumented immigrant arrests has risen by roughly one-third, according to Immigrations and Customs Enforcement statistics. That was largely driven by an increase in the number of non-criminals arrested.
But the Colindres family never thought Joel would be a target for deportation. They, along with family, friends, and their lawyer Larry Delgado, maintain his case is typical of a change in the face of those targeted for deportation.
“This is one of the most compelling cases that we have ever seen in terms of the positives versus the negatives,” Delgado said.
Delgado counts off the positives rapidly: Colindres is married to a US citizen; has two children who are citizens; pays his taxes; owns his own home and is a skilled worker who has been with the same company for 12 years. Most importantly, Delgado said, Colindres has no criminal record.
Delgado believed Colindres’ case would be a “slam dunk” to at least get a stay of deportation. But a growing number of undocumented immigrants have found themselves expecting one outcome and getting another, Democratic Connecticut Sen. Richard Blumenthal said.
“These individuals relied on the good word and promise of the American government. They were permitted to stay here, they reported periodically, they made no effort to hide, they violated no laws, they raised children here, US citizens, and contributed and worked hard,” Blumenthal said.

Unfairness should ‘strike the hearts of Americans’

Nury Chavarria, also a Guatemala native, sought sanctuary from deportation inside a church.

The Colindres family is not alone.
“There are hundreds and maybe thousands in Connecticut and many, many more around the country that find themselves in this trauma and tragedy,” Blumenthal said.
Similar cases include that of single mother Nury Chavarria, also a Guatemala native, who had taken sanctuary with her four children inside a New Haven, Connecticut, church last week to avoid deportation. Her eldest son, who is 21 years old, has cerebral palsy. Chavarria was granted a stay of deportation in her case on Wednesday night, according to her lawyer.
Sen. Blumenthal believes immigration laws should be enforced, but with discretion.
“We should be deporting people who are dangerous and who pose a threat to society, not people like Nury and Joel and others who have lived here, worked, paid taxes, raised families, and have people depending on them at work and in their homes,” Blumenthal said.
“That is a betrayal of American values, it’s also against our interest because our economy depends on the talents and energy of these people, and we should be providing some pathway to earned citizenship for them.”
But the Trump administration has made clear anyone here illegally can be subject to deportation.
“The fact that you are not a priority does not exempt you from potential enforcement,” a Department of Homeland Security official said. People with crimes like DUIs and status violations, or noncriminal histories but a final order of removal could be subject to deportation, the official added.
Blumenthal believes those like Colindres and Chavarria should get a chance to further present their cases to remain in America.
“The fundamental unfairness of it ought to strike the hearts of Americans,” he said.”
****************************************************
Read the complete story at the link.
“Gonzo” enforcement in action. Diminishing America one arbitrary enforcement action at a time. Why do we deport them? “Because we can!”
PWS
07-31-17

MS-13 GANG MEMBERS HEARTENED, ENCOURAGED BY TRUMP-SESSIONS “GONZO” TACTICS — “They [MS-13] feel like they can do whatever they want, ’cause Trump himself has made everybody fear,” Alex said. “He’s helping them.”

http://www.cnn.com/2017/07/28/us/ms-13-gang-long-island-trump/index.html

CNN reports:

“Long Island, New York (CNN)The first time members of the MS-13 street gang attacked Margarita’s teenage son in suburban New York, they beat him with a baseball bat.

The young man had immigrated from El Salvador three months earlier to join his mother in Nassau County, Long Island. The gang had harassed him in El Salvador because he refused to join them. Now, in his new home, they were upping the stakes.
The second time, they attacked the 19-year-old as he was on his way to work. They slashed him in the stomach with a machete, the gang’s weapon of choice. He survived and has been in hiding for the last few weeks, but his mother is terrified.
“I think it’s worse (in the US) because over there they hadn’t tried to kill him. But here they have,” said the woman, who is undocumented and asked to be called only “Margarita” for her safety. She witnessed the first attack on her son, on the street outside their home, and says she’s too afraid to go to the police for fear of deportation.
The violent gang known as Mara Salvatrucha, or MS-13, originated decades ago among Salvadoran immigrants in Los Angeles and has since built a criminal network that extends across the US, with thriving pockets in the Washington, D.C. suburbs and here on Long Island, just an hour or so east of New York City. It’s estimated to have 10,000 members nationwide.
President Trump has vowed to wipe them out and will visit Long Island Friday to discuss his plans. But the FBI says the gang is growing.

Investigators comb woods where the mutilated bodies of four young men were discovered in late April in Central Islip. Authorities believe MS-13 was behind the killings.

And several people familiar with MS-13, including two gang members themselves, told CNN they think Trump’s crackdown on immigrants is actually making MS-13 stronger because witnesses are more reluctant to come forward for fear of being deported.
“It’s not like before, where … they (the gang) were more hidden,” said Margarita, adding that a decade after fleeing violence in El Salvador she has never felt more afraid. “People can get deported, so they don’t call the police. So they (MS-13) feel more free.”
“I think it’s emboldening them, because this gives them the opportunity to tell immigrants, ‘What are you gonna do? Are you going to report us? They’re deporting other innocent people … (so) they’re going to associate you with us by you coming forward,'” said Walter Barrientos, Long Island coordinator with Make the Road, an immigrant advocacy group.
“‘So what are you going to do? Who’s going to protect you?’ And that’s what really strikes many of us.”
But a senior Trump administration official disputed that thinking.”
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Read the complete article at the link.
REALITY CHECK: Ever since the 1920’s, the U.S. has made major efforts to deport organized crime figures. Indeed many “line” Mafiosi and dozens of leaders have been deported over the years. Has it stopped or inhibited the growth of organized crime? The answer is pretty obvious. No way!
In fact, deportations merely forced some adjustments in organizational structure and actually internationalized, “professionalized,” and increased the power of the organized crime families. I suspect that these gangs suffered far more damage from their internal wars than they ever did from the Feds (“Untouchables” myths notwithstanding).
Likewise, deportations merely force some MS-13 (and rival) gang members to assume positions in “overseas operations.” Imprisonment in countries of the Northern Triangle gives them a chance to run the gang operations that control the prisons and to develop new criminal skills.
After all, there was no MS-13 in El Salvador until a waive of deportations from the U.S. (primarily the L.A. area) got it off to a running start in the 1980s and 1990s. And gang members won’t have too much difficulty coming back into the U.S. when they choose. The idea that they are going to be stopped by a wall, or by denying due process to their victims at the border is a joke. How dumb do we think these guys are?  I’m sure somewhere down in the Northern Triangle, the leaders are laughing at the Trump-Sessions idle threats and literally licking their chops right now.
I’m certainly not saying gang members who commit crimes shouldn’t be deported. Unlike most of the other participants in the debate, and certainly unlike Trump and Sessions, I’ve actually sent detained gang members, associates, and even wannabes back to whence they came. I also know that some of them have ended up back in the U.S. So, the idea that deportations are a “durable solution” to gang problems is little short of preposterous.
Combatting gang problems in the U.S. will take a nuanced strategy that deals more constructively with the instability, lack of honest government, and other societal problems in the sending countries (for example, U.S. inspired “zero tolerance,” “iron fist,” and “peace treaty” programs in Central America have been dismal and proven failures). In the U.S., it’s going to take a combined approach of social workers, teachers, law enforcement, counselors, local political figures, and families to make inroads. All this takes building trust, confidence, and sound relationships with migrant communities, the very thing that the “gonzo” enforcement programs of Trump and Sessions, and their unwarranted attacks on so-called sanctuary cities (actually cities that are constructively trying to solve these problems and undoubtedly making more progress than the Trumpsters and ICE) are mindlessly destroying. Since bilingual members of the communities have the best chance of getting to the bottom of these problems, many of those recent arrivals fleeing gang violence that Trump, Sessions, & Kelly are so intent on removing are exactly the folks that we will need to solve these problems here and in the sending countries.
The problems are real. But, Trump’s solutions are bogus. The results won’t be pretty for anyone except the gangs, who will take us to the cleaners, chuckling all the way (perhaps with their checks for civil damages for police brutality inspired by Trump in hand).
PWS
07-28-17

 

WONDER WHY FOLKS DON’T TRUST US LAW ENFORCEMENT? — THE PROBLEMS START AT THE TOP — TRUMP URGES POLICE BRUTALITY — THEY CHEER! — PREZ THROWS IN BOGUS STATS ON GANGS FOR A GOOD MEASURE!

https://www.buzzfeed.com/adolfoflores/trump-tells-ice-agents-to-be-rough-with-suspected-immigrant?utm_term=.ly1xKOAjZ#.yePNvEMgx

Adolfo Flores reports for BuzzFeed News:

“President Donald Trump on Friday encouraged authorities to rough up undocumented immigrants suspected of committing crimes as part of a speech to highlight his administration’s efforts to crack down on gang members and illegal immigration.

“When you see these towns and when you see these thugs being thrown into the back of a paddy wagon, you just see them thrown in, rough, I said, ‘Please don’t be too nice,'” Trump said to cheers and applause. “Like when you guys put somebody in the car and you’re protecting their head — you know, the way you put their hand over — like, ‘Don’t hit their head’ and they’ve just killed somebody. ‘Don’t hit their head.’ I said, ‘You can take the hand away, OK?'”

Trump made the comments while speaking in Long Island to law enforcement officials. He and his administration have been pointing to a streak of violence at the hands of MS-13 gang members as justification for cracking down on illegal immigration — even though federal data show the link is tenuous, at best.

In a tweet the Suffolk County Police Department, which covers the area where Trump gave his speech, also said they do not tolerate “roughing up of prisoners.”

Jeffery Robinson, the ACLU’s deputy legal director, said Trump sent police officers the wrong message by telling them he will back them 100% if they gratuitously hurt suspected criminals.

“By encouraging police to dole out extra pain at will, the president is urging a kind of lawlessness that already imperils the health and lives of people of color at shameful rates,” Robinson said in a statement. “We know what happened to Freddie Gray, Eric Garner, and too many others who lost their lives only because they were under suspicion. We must increase the trust between police and civilians, not decimate it.”

Janai Nelson, associate director-counsel at the NAACP Legal Defense and Educational Fund, said the remarks rise to a new level of danger.

“No person, especially those who have only been accused of a crime, should be abused by those entrusted to uphold the law,” Nelson said in a statement. “The President’s mocking of the treatment of arrestees as they are escorted into a police vehicle is particularly reprehensible in light of the police in-custody death of Freddie Gray in Baltimore.”

. . . .

He also made a connection between unaccompanied minors from Central America and MS-13, saying the increase in the kids coming to the US lead to an increase in the gang’s ranks.

“New arrivals came in, and they were all made recruits of each other. And they fought with each other. And then they fought outside of each other, and it got worse and worse,” Trump said. “In the three years before I took office, more than 150,000 unaccompanied alien minors arrived at the border and were released all throughout our country into United States communities.”

However, an analysis by the Washington Office on Latin America found that MS-13’s membership makes up less than 1% of all criminally active gang members in the US and Puerto Rico. The organization also said that Attorney General Jeff Sessions’ claim that MS-13 gang membership has increased to 10,000 members is the same estimate the FBI has been using since 2006.”

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Trump is taking full advantage of the fact that as President, he can’t be held legally or personally responsible for the consequences of his actions. But, moral responsibility is another thing. And, all of his inappropriate behavior is being well-documented for the historians.

Also, we should remember that while Trump disingenuously claims concern about the folks being harmed by gangs, every day his Administration sends innocent women and children back to countries of the Northern Triangle to be preyed upon by gangs, most without receiving anything resembling due process. Trump has never had any genuine concern for anyone in life except himself.

PWS

07-28-17

 

ILYA SOMIN IN WASHPOST: Sessions’s Gonzo Attack On America’s Cities Is Unconstitutional!

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/07/27/jeff-sessions-attack-on-sanctuary-cities-is-also-an-assault-on-federalism-and-separation-of-powers/?utm_term=.dadc10264ba1

Somin, a Professor of Law at George Mason, writes:

“Attorney General Jeff Sessions recently announced a new Justice Department policy seeking to pull federal grants from “sanctuary cities” – jurisdictions that refuse to cooperate with some federal efforts to deport undocumented immigrants. Much like President Trump’s earlier executive order targeting sanctuary cities, which was blocked by a federal court decision, the Justice Department’s new policy is unconstitutional. If allowed to proceed, it would create a dangerous precedent for both federalism and separation of powers.

. . . .

The major constitutional problem with all three requirements is exactly the same as the main flaw in the earlier order: Longstanding Supreme Court precedent indicates that only Congress can impose conditions on grants given to states and localities, and that those conditions must be “unambiguously” stated in the text of the law “so that the States can knowingly decide whether or not to accept those funds.” Neither compliance with Section 1373 nor the other two conditions the DOJ seeks to impose are included in the authorizing legislation for the Byrne grants. Sessions and Trump may be at odds on other issues right now. But they are united in their desire to make up new grant conditions and impose them on states and localities after the fact.”

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Read the entire article at the link.

Sessions is a “Constitutional relativist.” One day he’s for states’s rights to deny minorities the vote or to shoot or beat them to a pulp in law enforcement operations. The next day, he’s for the Feds interfering with local law enforcement’s ability to work with the entire community (not just the white guys) to enforce local laws. The only consistency in Sessions’s positions: the White Nationalist agenda. Look for the worst outcome for folks of color or non-Christians and that’s where you will find Sessions and his minions. Every time.

PWS

07-27-17

The “Gibson Report” For July 24, 2017 — Administration Seeks To Warehouse Asylum Seekers In Mexico

 Gibson Report, JUly 24, 2107

The first item in Elizabeth’s report for this week is certainly worthy of note:

Administration to Release Regulations Requiring Asylum Seekers to Remain in Mexico

HRF: “[T]he administration indicated that it plans to issue regulations to advance the provision in President Trump’s January 25 executive order that seeks to remove immigrants “to the territory from which they came” while they await immigration court hearings.”

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All sorts of potential issues with this one. If they are Mexicans, how can you send them back to the country from which they seek asylum while awaiting an asylum hearing? And, if they are not Mexicans, how can you force Mexico to accept non-Mexican nationals back into its territory?

PWS

07-25-17

UNFAZED BY HUMILIATION FROM TRUMP, SESSIONS MOVES FORWARD ON GONZO AGENDA — PICKING UNNECESSARY FIGHTS WITH “SANCTUARY CITIES” — DIVIDING AMERICA!

http://www.cnn.com/2017/07/25/politics/trump-admin-sanctuary-cities/index.html

CNN’s Tal Kopan reports:

“Washington (CNN)The Trump administration opened up a new salvo against sanctuary cities on Tuesday — moving to make immigration enforcement a pre-condition for receiving key law enforcement grants.

Attorney General Jeff Sessions announced Tuesday evening that applicants for Edward Byrne Memorial Justice Assistance Grants will be required to certify that they’ll cooperate with federal immigration enforcement more extensively than in the past, a move that is likely to generate court challenges quickly from advocates and state and local jurisdictions who have opposed President Donald Trump’s efforts.
Among the requirements: Letting federal authorities access detainees in jails to inquire about immigration status and giving the federal government 48 hours’ notice before any inmate they’re interested in is released.
The term sanctuary city loosely refers to jurisdictions that in some way do not cooperate with federal immigration enforcement. Localities have a variety of justifications for doing so, from protecting undocumented immigrants to preserving law enforcement’s ability to gain the trust and cooperation of communities. Some jurisdictions have also been barred by the courts from complying with certain federal requests.
Trump himself railed against sanctuary cities during a rally in Youngstown, Ohio, on Tuesday. He drew out a long and graphic description of violent gang members torturing and killing young women.
“These are the animals that we’ve been protecting for so long,” Trump said. “Well, they’re not being protected any longer folks. And that is why my administration is launching a nationwide crackdown on sanctuary cities.”
He hailed legislation in Congress targeting sanctuary cities and Kate’s Law, named for a woman allegedly murdered by an undocumented immigrant. He called on the Senate to vote on the bills now that they had passed the House.
“We’ve got to get it passed,” he said.
Sanctuary cities have been a key focus of the Trump administration and Republicans in Washington. The President signed an executive order in January that threatened to withhold federal funding from sanctuary cities, which immediately prompted a court challenge.
A federal judge this spring blocked the administration from enforcing that order broadly — limiting them to restricting the Edward Byrne grants based on a piece of law that requires localities to communicate immigration information about individuals to the federal government when asked.
. . . .
The Justice Department, however, stopped short of requiring compliance with “detainers” — requests from Immigration and Customs Enforcement to hold individuals suspected of being in the country illegally an extra 48 hours beyond when they would otherwise be released from custody. The administration has made complying with detainers a key piece of their efforts on sanctuary cities, although nothing in law requires local law enforcement to comply.
In fact, the latest slap from the courts came on Monday, when the Massachusetts Supreme Court ruled that it is a violation of state law to ask local law enforcement to comply with detainer requests without a criminal warrant, based on the fact that immigration violations are a civil crime — and thus Massachusetts law enforcement cannot arrest a person and hold them based on a civil infraction.”
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Read Tal’s complete report and watch the accompanying video at the link.

Let’s see, we’ll promote law enforcement by cutting off grants to law enforcement. That makes lots of sense. We’ll promote cooperation with local law enforcement by insulting and threatening them rather than by sitting down and discussing common solutions.
White Nationalists should be concerned about Trump’s vendetta against Sessions. No future Attorney General could possibly match Sessions’s enthusiasm for and commitment to the White Nationalist agenda and his racial, cultural, and ethnic insensitivity. Yet, Trump seems far less interested in an Attorney General who will continue to advance the White Nationalist racially divisive platform that he ran on than in finding an Attorney General who will “see job number one” as protecting Trump and his family from the legal and political consequences of their own actions. And, loyalty to the Constitution and the People of the U.S. — not even concepts that Trump understands, much less accepts.
PWS
07-25-17

 

U.S. District Judge Mark Goldsmith Halts Iraqi Removals

http://www.latimes.com/nation/la-na-iraqi-deportations-20170724-story.html

Melissa Etehad reports in the LA Times:

“A federal judge in Detroit has temporarily halted the deportations of more than 1,400 Iraqi immigrants, ruling that they deserve to have their cases play out in court because of the risk that they could be targeted for persecution in Iraq.

In a ruling Monday, U.S. District Judge Mark Goldsmith said the immigrants faced a “compelling confluence of extraordinary circumstances” and that the government’s attempt to rush their deportations was a violation of their rights.

Many of the Iraqis arrived in the U.S. as children as far back as the 1980s and have few ties to their native country. The majority are members of religious or ethnic minorities such as Chaldean Christians or Kurds, who have been subjected to torture and other forms of repression in Iraq.

They face deportation because they had overstayed visas or committed crimes, typically misdemeanors such as driving under the influence of alcohol.

They had been allowed to stay in the U.S. because for decades Iraq had refused to take them back. But in March, the Trump administration reached a deal with the Iraqi government to accept them and in June began rounding them up in immigration raids.

As of July 1, 234 had been arrested and detained around the country, including large numbers in Detroit, home to thousands of Chaldean Christians.

Returning the immigrants to Iraq would in some cases be akin to issuing a death sentence, according to civil rights and immigrant rights groups that filed a lawsuit in Detroit federal court in late June to block deportations of those immigrants who had been living in Detroit.

Many had been transferred multiple times to various detention facilities, making it harder for them to get legal representation and prepare their cases, advocates said.”

Here is a full copy of Judge Goldsmith’s opinion in Hamama v. Adducci detailing the Government’s efforts to obstruct and derail due process:

https://www.aclu.org/sites/default/files/field_document/opinion_granting_pi.pdf

 

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Another defeat for the Trump Administration’s gonzo enforcement agenda.

PWS

07-25-17

NOT ALL DHS AGENTS ON BOARD WITH GONZO ENFORCEMENT POLICIES — Current Atmosphere Breeds Disrespect For Migrants! — Detaining Kids “Because We Can” — Consciously and Irresponsibly Overloading The U.S. Immigration Courts “Because We Can” — “Targeting The Most Vulnerable People, Not The Worst!”

http://www.newyorker.com/news/news-desk/a-veteran-ice-agent-disillusioned-with-the-trump-era-speaks-out

Jonathan Blitzer writes in the The New Yorker:

“The agent went on, “The whole idea is targeting kids. I know that technically they meet the legal definition of being adults. Fine. But if they were my kids travelling in a foreign country, I wouldn’t be O.K. with this. We’re not doing what we tell people we do. If you look next month, or at the end of this month, at the people in custody, it’s people who’ve been here for years. They’re supposed to be in high school.”
The agent was especially concerned about a new policy that allows ice to investigate cases of immigrants who may have paid smugglers to bring their children or relatives into the country. ice considers these family members guilty of placing children “directly in harm’s way,” as one spokeswoman recently put it, and the agency will hold them “accountable for their role in these conspiracies.” According to ice, these measures will help combat “a constant humanitarian threat,” but the agent said that rationale was just a pretext to increase arrests and eventually deport more people. “We seem to be targeting the most vulnerable people, not the worst.” The agent also believes that the policy will make it harder for the government to handle unaccompanied children who show up at the border. “You’re going to have kids stuck in detention because parents are too scared of being prosecuted to want to pick them up!” the agent said.
U.S. immigration courts are facing a backlog of half a million cases, with only a limited number of judges available to hear them and issue rulings. “We still have to make decisions based on a responsible use of the government’s resources—you can’t lock everybody up,” the agent said. “We’re putting more people into that overburdened system just because we can. There’s just this school of thought that, well, we can do what we want.”
Before this year, the agent had never spoken to the media. “I have a couple of colleagues that I can kind of talk to, but not many,” the agent said. “This has been a difficult year for many of us.” These people, not just at ice but also at other federal agencies tasked with enforcing the nation’s immigration laws, are “trying to figure out how to minimize the damage.” It isn’t clear what, exactly, they can do under the circumstances. “Immigration is a pendulum—it swings to the left sometimes, or it swings to the right,” the agent told me last week. “But there was a normal range. Now people are bringing their own opinions into work.” In the agent’s view, ice is a changed agency.
“I like predictability,” the agent said. “I like being able to go into work and have faith in my senior managers and the Administration, and to know that, regardless of their political views, at the end of the day they’re going to do something that’s appropriate. I don’t feel that way anymore.”

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Read the complete article at the link.

Sure sounds like the “Gonzo Apocalypto” White Nationalist agenda with a extra touch of arrogance, cruelty, and inhumanity thrown in. Nice “culture of hate” that Kelly is apparently building over at DHS. The reputation of Gen. Kelly who is permitting this gross abuse of authority and resources on his watch should continue to deteriorate.

PWS

07-25-17

MY MOST RECENT SPEECHES: “MY LIFE & TIMES” — CATHOLIC LEGAL IMMIGRATION NETWORK (“CLINIC”), July 18, 2017; “JOIN THE ‘NEW DUE PROCESS ARMY’ — FIGHT FOR DUE PROCESS IN THE UNITED STATES IMMIGRATION COURTS” — HUMAN RIGHTS FIRST, JULY 19, 2017

On Tuesday July 18, 2107, I gave a luncheon address to interns and staff at the Catholic Legal Immigration Network (“CLINIC”) in Silver Spring, MD. My speech entitled “My Life & Times” is at this link:

MY LIFE

On Wednesday, July 19, 2017, I delivered the a luncheon address that was part of the Frankel Lecture Series at Human Rights First in Washington, D.C. & New York, NY (by televideo). My speech entitled “Join The ‘New Due Process Army’ — Fight For Due Process In The United States Immigration Courts” is at this link:

AMERICA’S REAL IMMIGRATION CRISIS

Both speeches are also reproduced in the left menu of immigrationcourtiside.com.

 

HUMAN SMUGGLING TRAGEDY IN SAN ANTONIO — 9 DIE, 17 OTHERS SUFFER LIFE-THREATENING INJURIES!

https://www.washingtonpost.com/news/post-nation/wp/2017/07/23/texas-tragedy-8-dead-including-children-found-locked-in-hot-truck-in-suspected-smuggling-case/?hpid=hp_rhp-top-table-main_pn-texas-9am-retest%3Ahomepage%2Fstory&utm_term=.6a18d3474065

Eva Ruth Moravec and Todd C. Frankel report in the Washington Post:

It began with a desperate request for water and a Walmart employee’s suspicions about a tractor-trailer parked outside. That led officials on Sunday to discover at least 39 people packed into a sweltering trailer, several of them on the verge of death — their skin hot to the touch, their hearts dangerously racing — and eight men already dead. Another would die later at a hospital.

Authorities think they found an immigrant smuggling operation just 2½ hours from the Mexican border that ended in what San Antonio Police Chief William McManus described as a “horrific tragedy.” The victims, as young as 15, appeared to have been loaded like cargo into a trailer without working air conditioning during the height of the Texas summer. It was unknown how long they had been in the trailer or where their journey started, but 30 of the victims were taken to area hospitals and 17 had life-threatening injuries. Federal authorities said the victims were “undocumented aliens.”

Reyna Torres, consul of Mexico, confirmed in Spanish that Mexican nationals are among those dead and in the hospitals and said the consulate is interviewing the survivors.

City Fire Chief Charles Hood said some of the victims appeared to have suffered severe heatstroke, with heart rates soaring over 130 beats per minute. In the worst cases, Hood said, “a lot of them are going to have some irreversible brain damage.”

Even more people were thought to have been inside the trailer before help arrived, police said. Survivors at six area hospitals told investigators that up to 100 individuals were originally in the tractor-trailer.

Walmart surveillance video showed cars stopping and picking up people as they exited the back of the trailer. But suspicions were not raised until an employee noticed a disoriented person, who asked for water. The employee then called police, authorities said. Then, a chaotic scene unfolded outside the Walmart on the city’s southwest side, as ambulances and police cars arrived and people were carried away, leaving behind shoes and personal belongings strewn across the asphalt and trailer floor.

The truck’s driver, identified as James M. Bradley, 60, of Clearwater, Fla., has been arrested and is expected to be charged Monday morning, said the U.S. attorney’s office for the Western District of Texas.

The grisly discovery in San Antonio comes as the Trump administration is calling on Congress to increase funding for border security and to expand the wall on the southern border with Mexico.

It also illuminates the extreme risks immigrants face as they attempt to elude border agents in the searing summer heat. Some try to slip through legal checkpoints undetected, while others sneak illegally across the border. Often, they are fleeing violence and poverty in Latin America, advocates say.

Many have died attempting to enter the United States, drowning in the Rio Grande, lost in the desolate ranch lands of south Texas, or collapsing from exhaustion in the Arizona desert.

Two weeks ago, Houston police discovered 12 immigrants, including a girl, who had been locked for hours inside a sweltering box truck in a parking lot, banging for someone to rescue them. Three people were arrested. A Harris County prosecutor said the migrants were at imminent risk of death.

In May, border agents discovered 18 immigrants locked in a refrigerated produce truck, with the temperature set at 51 degrees. Passengers were from Latin America and Kosovo.

One of the deadliest smuggling operations occurred in 2003, when 19 people died after being discovered in an insulated trailer abandoned at a truck stop in Victoria, Tex. The truck driver in that case, Tyrone M. Williams, was sentenced to nearly 34 years in prison.

. . . .

Later Sunday, moments after Mass ended at the historic San Fernando Cathedral, two dozen people held a gathering in Main Plaza to show their support for immigrants. A handful of people made speeches­ and said prayers in Spanish and English, using a megaphone, to a crowd of about 50 people. Children played in the splash pads nearby while adults wandered in and out of the crowd, many taking photographs and videos.

“Hold your family extra tight tonight,” said Barbie Hurtado, the statewide organizer for ­RAICES, which organized the event, “and keep the people that lost their lives in your thoughts, in your prayers.”

Rep. Joaquin Castro (D-Tex.), a San Antonio native, addressed attendees at the end of the hour-long service.

“This represents a symptom of a broken immigration system that Congress, of which I am a part, has had the chance to fix but has not,” he said. “That’s a colossal failure that has a human cost.”

Another San Antonio native, Debbie Leal-Herrera, 55, said she was in town visiting from New Mexico this week and wanted to come to the plaza because “it touches­ me as a Hispanic.”

Leal-Herrera, an elementary school teacher, said she knows several people who have immigrated to the United States illegally and has taught many students whose parents are undocumented.

“It reminds me of how much we truly take for granted,” she said. “What a beautiful gift it is to be an American.”

Advocates for immigrants in Texas are still reeling from the recent passage of the tough new immigration law, set to take effect Sept. 1. The deaths marked yet another blow.

Maria Victoria De la Cruz, who is originally from Mexico, publicly urged federal officials not to deport the immigrants who were found Sunday.

“As an immigrant, I feel destroyed,” she told the group in Spanish. “It’s not fair to return them to the place they have fled.”

During the vigil, a somber group quietly approached the consul from Mexico to ask about a relative. Juan Jose Castillo, who said he is from the Mexican state of Zacatecas but lives in the United States, said he was relieved that his 44-year-old brother was among the survivors.

“He came out of necessity,” Castillo said in Spanish. “It’s very bad.”

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Read the full story at the link.

One way of saving some lives: reform the immigration system to 1) allow more individuals to immigrate legally, and 2) provide full due process adjudications of asylum and other claims for protection under U.S. law, with reasonable access to counsel and no detention unless required by individualized circumstances, to individuals who present themselves at the border. This would encourage individuals who seek to to migrate to or seek refuge in the U.S. to do so in an orderly fashion, with complete screening, through our legal system.

Militarizing the border and creating a detention empire might or might not reduce undocumented migration in the long run. But three things are certain: 1) smuggling fees will go up; 2) methods used by smugglers will become more risky; and 3) more individuals will die attempting to enter the U.S.

PWS

07-21-17