INTERPRETERS – immigrationcourtside.com

👎🏽🏴‍☠️🤮PAIR OF NEW 3RD CIR. DECISIONS SHOWS GARLAND’S EOIR IN “DUE PROCESS FREE-FALL” & CONTINUING INEPTNESS @ OIL — “The government’s position requires some suspension of disbelief.” (That’s “judgespeak” for “freaking off the wall!”) — Why Is Garland Allowing America’s Most Dysfunctional Judiciary To Abuse Due Process With Impunity?

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca3-on-due-process-language-barriers-b-c-v-atty-gen

CA3 on Due Process, Language Barriers: B.C. v. Atty. Gen.

B.C. v. Atty. Gen.

“We hold that B.C. was denied due process because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. Those failures resulted in a muddled record and appear to have impermissibly colored the agency’s adverse credibility determination. We therefore vacate the BIA’s decisions and remand for a new hearing on the merits of B.C.’s claims. On remand, the agency must also remedy other errors B.C. has identified, which include dealing with the corroborative evidence he submitted.”

[Hats off to Benjamin J. Hooper, Arthur N. Read, Sozi P. Tulante (argued) and many amici!]

– Sozi

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca3-on-costello-chevron-singh-v-atty-gen

Daniel M. Kowalski

1 Sep 2021

Chevron

CA3 on Costello, Chevron: Singh v. Atty. Gen.

Singh v. Atty. Gen.

“Baljinder Singh achieved what many immigrants to our country seek: he became a naturalized citizen. Unfortunately, he did so through willful misrepresentation, and, as a consequence, his citizenship was revoked. Before that revocation and while he was still a citizen, he was convicted of conspiracy to distribute and possess with intent to distribute illegal drugs. That led the government to initiate removal proceedings against him, and he was in fact ordered to be removed. Singh now petitions for review of that final order of removal, arguing that the pertinent statutory provisions, by their terms, permit removal only of individuals who were “aliens” at the time of their criminal convictions, whereas he was a naturalized citizen when convicted. The government responds that we must defer to the interpretation given by the Board of Immigration Appeals (“BIA”) to those statutes and therefore must deny the petition for review. In the alternative, the government contends that Singh should be treated as if he had never been naturalized and was actually an “alien” at the time he was convicted. We disagree with both of the government’s arguments and will grant Singh’s petition for review.”

[Hats off to Gintare Grigaite and John Leschak!]

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

Who would have thought that nearly eight months into the Biden Administration, Garland would still be living in this guy’s house and cranking out some of America’s most unabashedly horrible “jurisprudence” that actually threatens human lives! This is competence? Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

So many systemic problems here! So many obvious solutions! So much progressive expert talent out here who could get this system back on track and save lives in the process! So few excuses for Garland’s gross mishandling of the ongoing EOIR disaster!

The “culture of sloppiness, denial, and anti-immigrant bias” remains at EOIR almost eight months into the Biden Administration! Major personnel (new expert progressive judges committed to due process) and structural changes are necessary and long, long overdue!

The BIA needs to be replaced. Yesterday! Not rocket science! 🚀 Garland and his DOJ have no credibility whatsoever on civil rights, voting rights, or other racial justice issues as long as they run “star chambers” targeting primarily migrants of color (not to mention their long-suffering and dedicated lawyers, many acting pro bono).

Star Chamber Justice — “Justice”
Star Chamber
Style — Garland’s star chambers look and function disturbingly like those of Stephen Miller! Is this REALLY the “progressive humanitarian change” progressives voted for?

Immigrant justice IS racial justice IS equal justice for all! I’m certainly not the only person to have observed this!

⚠️WARNING TO PROGRESSIVE ADVOCATES: There can be no legitimate “asylum reform” without a strong, courageously progressive EOIR to set proper precedent, insure consistency, establish best practices, train judges and adjudicators, and police both the Immigration Courts and the Asylum Offices, including ordering corrective action to be taken in cases of those judge and officers repeatedly and demonstrably “not up to the job.” In simple terms, the culture of anti-asylum bias, racial dehumanization, and sloppy anti-immigrant decision-making that was promoted and institutionalized at EOIR under Sessions and Barr must be eradicated!

Do you seriously think that “this version” of EOIR, poorly trained, weakly staffed, and led by a BIA custom designed and packed by nativists to deny asylum and tilt in favor of DHS enforcement, will insure fairness and due process to asylum seekers in a “streamlined system?” No way!

Yet, beneath all the legal gobbledygook surrounding the proposed asylum regulation changes is the ugly reality that inflicting a “Miller-Lite” EOIR on asylum seekers and their advocates is EXACTLY what Garland and Mayorkas are absurdly proposing!

Advocates need to make their voices heard for immediate EOIR reforms from Garland and establishment of a new well-qualified, well-trained, progressive EOIR as an absolute, non-negotiable prerequisite to any more “gimmicks,” including most of the proposed asylum regulations.

As proved, beyond any reasonable doubt, day after day, Garland’s EOIR is “not quite ready for prime time” — not by a long shot! JUST SAY NO TO STREAMLINING & YET MORE “GIMMICKS” (see, e.g., “Dedicated Dockets”) WITHOUT RADICAL PROGRESSIVE EOIR REFORMS!⚖️🗽

The main problem with the current asylum system isn’t the law. It’s the unqualified folks charged with interpreting and applying it, those “defending the indefensible” (also an abuse of our legal process), and the spineless politicos unwilling to stand up for due process and the rule of law for migrants — at the border and elsewhere!

The failure of effective progressive leadership on EOIR reform at DOJ is simply appalling! And, OIL isn’t exactly covering itself in glory either! You can’t win the game without new and better players on the field. Right Casey?

“Casey Stengel might understand Judge Garland. The rest of us not so much.” Not going to win many games for humanity and the rule of law with Stephen Miller’s “nativist team” on the field. Is that fundamental truth really too deep for Garland and his “spear carriers” to grasp?
PHOTO: Rudi Reit
Creative Commons

🇺🇸Due Process Forever!

PWS

09-02-21

☠️🤡🥵KAKISTOCRACY KORNER W/ EYORE: Tal Kopan @ SF Chron & Tanvi Misra @ Roll Call Report on Our (Anti) Hero’s Latest Adventures in Fraud, Waste & Abuse @ America’s Most Dysfunctional (Non) Courts! Can Eyore Trample Due Process, Squander Money, & Escape Accountability Forever? — What Happened to Congress & The Article IIIs? — Yeah, Eyore is Justifiably Sad, But Not Very “Lovable” Any More! — Tune In Next Week To See More of Your Taxpayer Money Poured Down the Drain by “Malicious Incompetents” Scheming to Inflict Injustice on The Most Vulnerable Humans!

Tal Kopan reports for the SF Chron:

Trump officials cut immigration court interpreters after miscalculating costs, report finds

WASHINGTON — The Trump administration grossly miscalculated budget projections before it cited funding problems to replace many immigration court interpreters in San Francisco and elsewhere with recorded videos, according to a new watchdog report.

The Justice Department began requiring immigration judges to use videos last year to explain the court system at immigrants’ initial appearances instead of in-person interpreters, a move first reported by The Chronicle. The department said the move was necessary to save money.

But an analysis by the department’s inspector general released Tuesday found that Justice Department officials were working off faulty numbers, part of an inaccurate portrayal of the agency’s larger budget situation.

The department “erroneously estimated its yearly interpreter costs by extrapolating a single, unusually high monthly interpreter expense, which was not supported by invoices or other contemporaneous evidence,” the watchdog wrote. “This erroneous estimate adversely affected (the agency’s) leadership’s communication of accurate budget needs to department and congressional decision makers.”

Full story: https://www.sfchronicle.com/politics/article/Trump-officials-cut-immigration-court-15327674.php

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

Meanwhile, over at Roll Call, Tanvi Misra reports:

DOJ ‘reassigned’ career members of Board of Immigration Appeals

The nine BIA members, all appointed before Trump took office, had recently rejected buyout offers from DOJ

By Tanvi Misra

Posted June 9, 2020 at 4:55pm

Career members at the Board of Immigration Appeals appointed prior to the Trump administration have been “reassigned” to new roles after they rejected recent buyout offers by the Justice Department.

The step appears to be the latest administrative move that critics say dilutes the independence of an important appeals body by filling it with new hires more willing to carry out the Trump administration’s restrictive immigration policies.

The change was announced in an internal email viewed by CQ Roll Call.

“This is to inform you that effective June 8, 2020, you will be reassigned from your current position as Board Member (Senior Level) to the Appellate Immigration Judge position,” said an email that went out last week to nine career members.

The Board of Immigration Appeals, or BIA, is a 23-member body under the Executive Office of Immigration Review, the Justice Department agency overseeing the immigration court system. Three-member BIA panels review immigration court decisions and issue precedent-setting rulings that shape national immigration law.

Volume 0%

[DOJ memo offered to buy out immigration board members]

The difference between “board member” and “appellate immigration judge” roles goes beyond title, extending to pay ranges and leave policy. Appellate immigration judges also hear cases at both the trial and appellate levels, creating potential conflicts of interests, critics say. Sources familiar with the agency’s personnel matters, who declined to be identified for fear of retaliation, confirmed that all nine career members selected prior to the Trump administration received the email.

CQ Roll Call first reached out to EOIR for confirmation of the reassignments. Agency spokeswoman Kathryn Mattingly said via email that “board member roles and responsibilities are established by regulation and have not changed.”

Asked for additional comment this week once CQ Roll Call viewed the email, Mattingly said: “Adjudicator authorities are established by law and have not changed.”

The reassignment comes after DOJ offered, in an April 17 memo, “voluntary separation incentive payments” to the nine career board members, “individuals whose positions will help us strategically restructure EOIR in order to accommodate skills, technology, and labor markets.”

That memo, authored by EOIR Director James McHenry, noted the window for requesting these incentives closed on May 15. None of the nine career members accepted the offer, according to the sources at EOIR.

Under the Trump administration, the BIA has expanded from 17 members to 23. In addition, a flurry of career members have departed the agency, prompting EOIR to launch successive hiring sprees to fill new openings and vacant positions.

The nine most recent hires to the board include several immigration judges who denied over 90 percent of the asylum requests before them. Some also have a history of formal complaints of bias. The new hires have come on not as “board members” but as “appellate immigration judges.”

Ashley Tabaddor, who heads the immigration judges’ union, the National Association of Immigration Judges, said the “appellate immigration judge position” appeared to be a conflation of the BIA and the immigration judge roles. Adding more appellate immigration judges — who might review trial- and appellate-level cases at the same time — dilutes labor protections and undermines the independence of the immigration court system as a whole, she said.

“Over and over again, they’re just trying to conflate everything into one: ‘They’re all the same and no one should get protection from the union,'” Tabaddor said in an interview. “It’s so transparent that everything that they’re doing is to dismantle any semblance of a traditional court model.”

EOIR has repeatedly denied that accusation.

“Many board members have viewed themselves as appellate immigration judges for years, and EOIR first proposed such a designation in 2000,” the Justice Department said in a May 27 statement. “Elevating trial-level judges to appellate-level courts is common in every judicial system in the United States.”

Government officials also have said the agency has been trying to streamline a lengthy, inefficient hiring process. Recent changes to EOIR hiring procedures “have made the selection process of board members more formalized and neutral,” the department said in its May statement.

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

A link to a complete copy of the IG Report is embedded in Tal’s report above.

Eyore’s Continuing Clown Show 🤡 rolls on, grinding up ☠️ and spitting out 🤮ruined human lives and mocking due process every day! When, oh when, will Congress and/or the Article IIIs do their jobs and put this grotesque spectacle of injustice out of its misery and end the unnecessary and clearly unconstitutional human pain and suffering that it inflicts? Is there no human decency and integrity left anywhere in our failing institutions beyond the regime’s direct control?

After dealing with the Trump Kakistocracy, Eyore probably never figured he’d be followed and exposed by tenacious folks like Tal & Tanvi who actually know more about what’s really happening at America’s Star Chambers than he does! Why don’t our legislators and judges have the same awareness, courage, and integrity as journalists like Tal and Tanvi? Why have those whose primary job it is to protect the Constitution and the general welfare by holding an overtly corrupt and maliciously incompetent Executive accountable gone “belly up?”

As usual, Judge Tabaddor is “right on.” Any resemblance between EOIR and a “court system” is purely coincidental. But, this mess is all too real for its victims — asylum seekers and other migrants asking for justice. The real question: How do the legislators and life-tenured Article III Judges who ignore and enable these deadly abuses get away with it? How do they sleep at night knowing that Eyore will trample more rights and destroy more lives of vulnerable fellow humans tomorrow, on “their watch!”

Due Process Forever! Institutional Complicity Never!

PWS

06-10-20

TAL @ SF CHRON: Here’s What Migrants See When They Arrive At Immigration Court

Watch the videos introducing immigrants to U.S. courts

WASHINGTON — A man in a judge’s robe sits in a leather chair in front of an American flag and Department of Justice seal, looking into the camera. As he begins to talk, a woman’s voice translates into Spanish and Spanish subtitles appear at the bottom of the screen.

This is the video that will introduce immigrants to the U.S. courts where they will fight to avoid deportation.

The Chronicle has obtained copies through the Freedom of Information Act of four such videos, made by the Justice Department as part of its policy replacing in-person interpreters at immigrants’ initial court hearings. To date, the videos have been produced in English and Spanish dubbing, for detained immigrants and those who are free from detention.

More: https://www.sfchronicle.com/politics/article/Watch-the-videos-introducing-immigrants-to-U-S-14444720.php

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

Thanks, Tal, for exposing the cruel fiction of “justice” in the maliciously incompletely managed Immigration “Courts.”

PWS

09-20-19

RETIRED MILITARY LEADERS SPEAK OUT AGAINST TRUMP’S WANTON DESTRUCTION OF U.S. RFUGEE PROGRAM — “When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.”

Admiral Robert J. Natter — United States Navy Official photo of ADM (Line) [Now Retired] Robert J. Natter, Deputy Chief of Naval Operations for Plans, Policy and Operations N3/N5. As of August 1999.

Lt. Gen. Mark P. Hertling — Lt. Gen. (Ret.) Mark P. Hertling
U.S. Army

https://www.washingtonpost.com/opinions/2019/09/08/cutting-refugee-admissions-will-have-severe-consequences-us-military/

Admiral (Ret.) Robert J. Natter & Lt. General (Ret.) Mark P. Hertling write in WashPost:

Robert J. Natter is a retired U.S. Navy admiral who served as commander of the U.S. Atlantic Fleet and U.S. Fleet Forces from 2000 to 2003. Mark P. Hertling is a retired lieutenant general who served as commanding general of U.S. Army Europe from 2011 to 2012.

America was founded as a safe haven to persecuted people and a beacon of hope, liberty and freedom to people around the world. Those themes reflect our values, and the welcoming of refugees to our shores is one of our proudest legacies and a fundamental part of who we are as a nation.

As military leaders, we spent nearly four decades defending these values. But today, a core American legacy is at risk, as the Trump administration is reportedly considering issuing severe, unprecedented cuts — potentially even zeroing out — the bipartisan U.S. Refugee Admissions Program, the established legal means of entry for these deserving people.

This week, we joined a group of 27 retired generals and admirals — all of whom have been operational leaders in military conflicts and exhibited courage in defending our values on the battlefield — in writing to President Trump expressing grave concerns about the direction of this vital program.

That’s because for many of us, welcoming refugees is not just a matter of smart policy and a reflection of our national values; it is also personal. Many of us know these refugees: They worked for and with us in our fight against terrorists and insurgents. The tangible and significant improvements we were able to make in the lives of millions as well as efforts to protect our own soldiers, sailors and Marines would not have been possible without the dedicated efforts of thousands of Iraqi and Afghan interpreters, logisticians, engineers and others.

Many of those individuals were targeted because of their assistance to us. They and their families have often been threatened for working with coalition forces, yet they bravely continued in their service at every level from translating conversations at the infantry squad level to contributing to task-force-level diplomatic missions. They may claim different cultures and speak different languages, but they have all put their lives on the line along with our citizens as part of our team.

Many of our partners continue to live in fear, given the continued hazardous situations in various parts of the world. In Iraq alone, more than 100,000 await entry to the United States. We promised our Iraqi partners support and safety when they were shoulder to shoulder with us fighting a despicable enemy. If today we turn these people away, or reduce the numbers who are allowed entry, it will be extremely difficult to ask others to assist us in the future.

Providing safety to people who assist American troops is a core function of our refugee program, but it does not stop there. We are living in a moment of unprecedented global displacement. Of the nearly 26 million refugees across the globe, most are hosted by low- and middle-income countries bordering the unstable areas that people are fleeing. A small proportion of the most vulnerable — less than 5 percent — are selected for resettlement. In addition to humanitarian assistance, resettling refugees is a concrete way that the United States offers support to these countries, while also strengthening regional stability and reducing the risk that people will be forced to return to conflict zones.

We know firsthand that both the humanitarian and strategic consequences of conflicts in Iraq, Syria, the Balkans and East and West Africa would be much worse had neighboring countries closed their borders. We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.

When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.

Over the past 40 years, the United States has welcomed about 3 million refugees from around the world who have gone on to contribute to and strengthen this country in immeasurable ways. The average refugee admission level across both Republican and Democratic administrations is 95,000 annually. Yet in the last two years, admissions have plummeted 75 percent.

In the next two weeks, the president will decide how many refugees we will admit in 2020. That decision will determine whether we uphold America’s legacy as a haven for the persecuted, and it will send a powerful message to the world about who we are as a people. We strongly recommend that this lifesaving humanitarian program be restored to historic bipartisan-supported levels.

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

“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

So much for the Trump Administration’s “solution” of returning refugees and other forced migrants to danger zones in their own countries or to countries that are equally or more dangerous. Killing and abusing forced migrants through improper returns and “deterrents” intended to make them “die in place” is reminiscent of other types of “final solutions” that were disastrous for humanity. Only, this time, the U.S. is the “leader of the pack” downward rather than one of those fighting to save humanity.

A thoroughly cowardly performance by Trump and his White Nationalist gang.

Also, for the more than four decades I have been involved in immigration and refugee issues, overseas refugee admissions have received overwhelming bipartisan support. What has happened to the GOP which suddenly has “swallowed the whistle” in the face of Trump’s cowardly White Nationalism?

It appears that retired military leaders, like former U.S. Immigration Judges, can make a “full time job” out of speaking out against the stupid, counterproductive, and inhumane policies of the Trump Administration.

PWS

09-10-19

TAL @ SF CHRON TAKES US INSIDE EOIR’S LATEST ASSAULT ON DUE PROCESS: Lack Of Live Interpretation Causing Confusion, Delays, Misinformation, & Denials Of Fundamental Fairness In U.S. Immigration Courts — Bogus “Court” System Continues To Make Major Changes Diminishing Due Process Without Consulting Judges, Attorneys, Or The Affected Individuals!

Tal Kopan reports for the SF Chron:

https://www.sfchronicle.com/politics/article/Confusion-delays-as-videos-replace-interpreters-14414627.php

Confusion, delays as videos replace interpreters at immigrants’ hearings

By Tal Kopan

WASHINGTON — The Trump administration has been slow to implement its new policy replacing in-person interpreters with informational videos at immigrants’ initial hearings, but the switch is causing delays and confusion where it has been introduced, including in San Francisco, observers say.

The Justice Department informed immigration judges in late June that it would replace in-person interpreters at the first court appearance for immigrants facing deportation with videos advising them of their rights. The switchover began in July.

So far, the policy has been rolled out to courts in just four cities: San Francisco, Los Angeles, Miami and New York.

It’s not clear when the policy will expand. A spokesman for the Justice Department division that oversees the courts said the agency “is taking into consideration all feedback before additional translation videos are created and the program is rolled out to further immigration courts.”

Judges and attorneys observing the courts say the change has mostly served to delay proceedings, by adding lengthy steps and information that is not necessary for all migrants to hear.

After the videos are shown, each immigrant is called up for his or her individual hearing and may have questions for the judge. Although judges are now barred from scheduling in-person interpreters for the hearings, at times interpreters can be found on short notice in the courthouses. When none is available, judges must try a telephone service to reach an interpreter.

At issue are what are called master calendar hearings — immigrants’ first appearance in courts that determine whether they can remain in the U.S. The typically rapid-fire sessions serve to inform migrants of their rights and the process they will go through. Judges also schedule their next hearings.

Many immigrants in the system are Spanish speakers, but it’s also common for Chinese, Creole, and several indigenous languages from Central America and around the world to be spoken in courtrooms.

Judges in courts that have made the change are required to play either a Spanish-dubbed or English-language video for immigrants who do not have attorneys representing them. The 20-minute video runs through a lengthy list of technical legal advisories. Videos in other languages are not yet available, but the Justice Department has plans to introduce them.

Most of the dozens of immigrants going through their initial hearings Tuesday in San Francisco were shown the video. Many of them had attorneys present who translated, and others were able to use a Spanish-speaking interpreter who was on hand. Languages spoken in court included Spanish, Punjabi, Hindi, Mandarin and Fijian.

One hearing in the courtroom of Judge Arwen Swink involved a Mongolian woman who needed translation. After about five minutes, Swink was able to secure an interpreter in her language through the telephone service Lionbridge.

Swink asked the interpreter to introduce himself to the woman, who did not have an attorney, to ensure that she understood him. The interpreter said he had trouble hearing, but court staffers brought the microphone closer to the woman and the session was able to proceed.

With an interpreter in the room, such a hearing can take five minutes or less. The woman’s case took 15 minutes.

The Chronicle has obtained transcripts of the separate videos that are played for immigrants who are in detention and not in detention, as well as an FAQ handout they receive.

Roughly a fifth of the videos are devoted to a discussion of “voluntary departure,” under which immigrants can go back to their home country without being penalized if they try to come back someday. The videos also warn immigrants of the criminal consequences of trying to re-enter the country illegally after being deported.

Legal experts and veteran immigration judges say neither topic was commonly brought up in initial hearings before the videos were introduced because they are most relevant at the end of cases, if migrants do not prevail in their bid to remain in the U.S. Several said they feared the emphasis on voluntary departures and criminal penalties could prompt immigrants with valid claims to stay in the U.S. to waive their right without fully understanding what they’re doing.

The Justice Department did not consult with the union that represents immigration judges before making the change, and has proceeded despite ongoing bargaining with the group. The result is “lots of confusion, constantly changing parameters of the program by the agency and frustration among many judges,” said Ashley Tabaddor, president of the National Association of Immigration Judges and an immigration judge in Los Angeles.

Tabaddor added that courts in New York and Miami have had trouble securing help by phone, and that cases have been delayed in the Los Angeles court because of shortages of interpreters.

Amiena Khan, the union’s executive vice president and a judge in New York, said the videos make for a “really long day” for unrepresented immigrants who have to wait through proceedings for all migrants who have attorneys before watching a 20-minute video. She finds herself repeating or adding key advisories when immigrants are called before her.

“There was no problem that needed to be solved by the introduction of the video,” Khan said. “What I think really bothers me is that it’s mandatory. I think if it was discretionary as a tool for the judge to use, it could be helpful. (But) it takes away our judicial independence as to what method to employ to best get through the day’s docket.”

Khan and former immigration Judge Jeffrey Chase, who reviewed the transcripts, also noted that the videos do not include information that would be important for immigrants, including that they have only one year to formally apply for asylum in the U.S.

“The information provided is misleading in a way that can lead to a noncitizen’s removal,” said Chase, who now volunteers for organizations that provide legal assistance to immigrants.

Laura Lynch, senior policy counsel for the American Immigration Lawyers Association, said the transcripts show that the videos use “scare tactics” instead of informing immigrants of their rights. The videos warn immigrants against filing frivolous asylum claims, but don’t explain what asylum is, she noted.

“The videos provide an overwhelming amount of information that no one can easily digest in one setting,” Lynch said. “What’s more disturbing is that the content itself only tells one side of the story.”

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

Click on the link for Tal’s full story with links to actual transcripts of this “parody of justice.”

This is DOJ/EOIR’s “malicious incompetence” in action. Accurate interpretation is essential to Due Process and fundamental fairness as well as the hallmark of a competently and professionally run court system. Somewhere along the line, the money for interpreters was frittered away by what passes for “management” at DOJ/EOIR. And, let’s not even think about the waste of money on absurd “Immigration Judge Dashboards” while the two decades old overwhelming need for a functional nationwide e-filing system goes unmet.

Right now, Congress is paralyzed. When are the Article III Courts going to wake up, get some backbone, and enforce the U.S. Constitution by putting an end to this so-called “court system” run by prosecutors that provides not even a semblance of fair and impartial (and at least minimally competent) adjudication? No more “Clown Court!”🤡

PWS

09-05-19

LIKE A BAD MOVIE: VIDEO SUB FOR REAL INTERPRETERS PANNED AS EOIR CONTINUES TO PLUMB THE DEPTHS IN COMING UP WITH WAYS TO DENY DUE PROCESS — Tal @ SF Chron Reports!

https://www.sfchronicle.com/news/article/Videos-start-replacing-interpreters-at-14103649.php

Videos start replacing interpreters at immigration court hearings

WASHINGTON — The Trump administration began the process of eliminating in-person interpreters at immigrants’ initial court hearings Wednesday, replacing them with a video advising people of their rights.

Advocates who observed court proceedings said the video was confusing and difficult to understand, and said they feared the new system would not give immigrants a fair shot in cases that decide whether they will be deported.

The new system went into place at immigration courts in New York and Miami, according to multiple sources. Details were sketchy, as the policy was applied only to immigrants who were not represented by lawyers, meaning that in some instances there were no observers in the courtroom.

The immigration court in San Francisco is not among those where the videos are being used in a pilot program, but eventually interpreters are expected to be replaced there as well.

The Chronicle was first to report the new policy, shortly after immigration judges were told about it in June. Some judges have since raised concerns, and their union hopes to negotiate changes with the Justice Department, which runs the courts.

The department says replacing interpreters with videos at initial court appearances will save money. The main purpose of such initial hearings is to inform immigrants of their rights and schedule further proceedings.

After the video is shown, immigrants who want to ask questions of the judge will have no way of doing so unless they have a bilingual attorney on hand. If they don’t, judges will have to try to track down an interpreter who happens to be free or use a telephone interpreting service.

Advocates say the new system is likely to lead to confusion among some immigrants, who might miss their next hearing as a result. Missing a hearing can be grounds for deportation.

Witnesses who were in court in New York on Wednesday said the video was roughly 20 minutes long and featured Christopher Santoro, the principal deputy chief immigration judge of the immigration courts. As he spoke in English, the video was dubbed in Spanish with Spanish subtitles. After the video, immigrants received an 11-page FAQ handout in Spanish.

Joan Racho-Jansen, an organizer with New Sanctuary Coalition, which provides non-attorney volunteers to immigrants, said the video was slickly produced but difficult to understand even for Spanish speakers with whom she watched. She also said it spent considerable time on the immigrants’ right to accept “voluntary departure” from the U.S.

Immigrants in the courtroom “were either asleep or very, very frightened because they were saying things (in the video) that were scary,” Racho-Jansen said. “We had (experienced) volunteers who spoke Spanish and they just kept shaking their heads and felt disturbed by language that was far too confusing for them to understand.”

She said the video was full of “legalese” that would go over the heads of even fluent Spanish speakers — and many Central American immigrants speak indigenous languages and little or no Spanish.

The handout, viewed by The Chronicle, was clear but technical, with a volume of information that could challenge people from rural foreign countries who have no familiarity with courts.

“I asked the interpreters what they thought (of the video), and they said it was very confusing, that the person who was dubbing occasionally couldn’t pronounce or didn’t understand the word they were saying so they said it incorrectly,” Racho-Jansen said.

She said interpreters were present in the New York courtrooms and that judges used them after the video. It’s not clear if the Justice Department scheduled them to be there or if they were in court for other reasons.

The department declined to comment and refused The Chronicle’s request to view the video.

San Francisco Chronicle staff writer Alexei Koseff contributed to this report.

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

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

The continuing denigration of Due Process by EOIR is appalling. This time, in addition to the real victims, the migrants who are forced to use this rancid system, EOIR is taking a “cheap shot” at the professional interpreters who have helped the foundering agency keep its head above water for years.

Sorry to see Principal Deputy Chief Judge Chris Santoro participating in this scam. Chris is someone I always admired and who was always very helpful and supportive to me during my career.

Where is Congress on this ugly and unnecesasry mess? Certainly, requiring EOIR to conform to Due Process by providing live interpretation ought to be a “bipartisan no-brainer.”

PWS

07-18-19

TRUMP ADMINISTRATION’S MALICIOUS INCOMPETENTS DENY MIGRANTS INTERPRETERS IN KANGAROO COURTS WHILE LYING ABOUT RATIONALE — Money For Tanks & Golf, None For Due Process? — Why Are The Article III Courts Complicit By Not Blowing Whistle On “Courts” That Don’t Come Close To Providing Due Process?

Link might help for sharing…

https://www.sfchronicle.com/politics/article/Trump-administration-ending-in-person-14070403.php

Trump administration ending in-person interpreters at immigrants’ first hearings

Tal Kopan, San Francisco Chronicle

WASHINGTON — The Trump administration is preparing to replace in-court interpreters at initial immigration court hearings with videos informing asylum seekers and other immigrants facing deportation of their rights, The Chronicle has learned.

The administration portrays the change as a cost-saving measure for an immigration court system bogged down under a growing backlog. But advocates for immigrants are concerned the new procedure could jeopardize their due-process rights, add confusion and potentially make the system less efficient by causing more of them to go underground or appeal cases.

The Justice Department informed the nation’s immigration judges of the change last month at a training session, multiple sources familiar with the situation told The Chronicle.

At issue are “master calendar” hearings where immigration judges meet with undocumented immigrants, usually dozens of them, in rapid succession to schedule their cases and to inform them of their rights. The quick sessions are intended mainly to be sure the immigrants understand what is happening and know when their next hearing will be and what steps they need to take in the interim.

Under the new plan, which the Justice Department told judges could be rolled out by mid-July, a video recorded in multiple languages would play informing immigrants of their rights and the course of the proceedings. But after that, if immigrants have questions, want to say something to the judge or if the judge wants to confirm they understand, no interpreter would be provided.

Many of the immigrants come from Central America, but collectively they speak a diverse range of indigenous languages and sometimes don’t know Spanish. Immigrants from all over the world also come before the court system, which is run by the Justice Department.

The shift would especially affect immigrants who do not have attorneys to explain proceedings. Many immigrants lack representation at the initial hearing, and legal services around the country say they are being stretched thin. The government does not provide attorneys.

Instead of turning to an in-court interpreter, judges would have to rely on any who happen to be in the building for other purposes, or call a telephone service for on-demand translation that judges say can be woefully inadequate or substantially delayed.

“It’s a disaster in the making,” one judge said, speaking on condition of anonymity because the person did not have Justice Department approval to talk publicly. “What if you have an individual that speaks an indigenous language and has no education and is completely illiterate? You think showing them a video is going to completely inform them of their rights? How are they supposed to ask questions of the judge?”

The Justice Department billed the move as a cost-saving measure. Sources familiar with the interpreter situation say there have been ongoing issues with the budget and the contract with the primary interpreter provider, leading the administration to encourage more use of the telephone service and look for other ways to keep costs down.

A Justice Department who was not authorized to speak on the record said the shift away from in-person interpretation was “part of an effort to be good stewards of (the department’s) limited resources.” The official said the direction to judges was not a policy change, but declined to elaborate.

The immigration judges union, the National Association of Immigration Judges, said the change was another in a line of steps the administration has taken to force judges to do more with fewer resources at the risk of fairness.

Asked to comment, union President Ashley Tabaddor, a judge in Los Angeles, said the Justice Department had not given enough notice for the union to raise objections or provide input on the change.

She dismissed budget concerns as a justification.

“Interpreter cost is not a surprise cost — it’s an integral part of every case,” Tabaddor said. “If they actually look at the courts as a real court, they would never be dismissive of the role of an interpreter. But the fact that we are here and have these budget shortfalls means they have prioritized the budget in a way that is dismissive of the integral role of the interpreters, and reflects the flaw of having the courts run by a law enforcement agency.”

The immigration courts have been overwhelmed for years with a burgeoning load that is now approaching 1 million cases. The judges association has advocated for the courts to be removed from the Justice Department and made an independent system.

The Trump administration has made a series of efforts it says are intended to speed up the process and avoid having hundreds of thousands of immigrants build lives in the U.S. while waiting to learn if they will be deported. Critics, including immigration lawyers and advocates and some judges, say many of the changes have actually undermined the system, confusing immigrants and creating grounds for lengthy appeals.

Some judges said it’s common at master calendar hearings for immigrants to misunderstand the advice to find a lawyer. Some conclude that means they should not return for their next hearing if they don’t have a lawyer. Failing to appear is grounds for a deportation order.

The system is “not an assembly line,” said Jeffrey Chase, a former immigration judge and former senior legal adviser to the immigration appeals court who now volunteers for organizations that provide legal assistance to immigrants. He said the master calendar is most immigrants’ first impression ever of a court system, and that a lack of interpreters and interaction with a judge could foster a sense of distrust.

“You’re dealing with people’s lives,” Chase said. “All kinds of crazy issues arise. Sometimes there’s a health issue, and you need to be able to communicate to find this stuff out.

“And also, people come in so afraid,” Chase said. “If they’re able to talk with the judge and realize, ‘This person is a human being and they’re able to work with me’ — being played a tape reinforces this feeling that, ‘I’m dealing with this deportation machine.’ ”

Chase said concerns about the cost and length of the process are legitimate, but he questioned the administration’s way of addressing them.

“You always hear the word ‘efficiency’ from this administration now, and it’s very infrequent that you hear ‘due process’ or ‘justice,’ ” Chase said. “There’s no longer concern about the balance. It’s totally efficiency-heavy these days, and I think it’s being decided by people who haven’t been in the court much and don’t understand the consequences.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. Email: tal.kopan@sfchronicle.com Twitter: @talkopan

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

My suggestion: In the future, any legal claims involving Members of Congress or Article III Judges and any members of their immediate families should be tried only in U.S. Immigration Court. The opposing party should be given the ability to:

Select the judge;
Write or rewrite the rules governing the litigation;
Change any result with which they might disagree; and perhaps most important
The proceedings shall be conducted in a language that only the opposing party and the “judge” understand.

That way, these folks would be receiving the same type of “justice” under the Constitution that they are happy to inflict on individuals in today’s Immigration Courts. Seems fair to me.

PWS

07-03-19

Dan Kowalski reports for LexisNexis Immigration Community:

🇺🇸Due Process Forever!

Related posts:

Due Process Forever! Institutional Complicity Never!

Related posts:

Related posts:

“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

Related posts:

Related posts:

Related posts:

Related posts: