☠️⚰️👎🏻🤡CLOWN COURT REPORT: BILLY THE BIGOT BARR APPOINTS STUNNINGLY UNQUALIFIED DHS ENFORCEMENT MAVEN, WITHOUT JUDICIAL EXPERIENCE, TRACY SHORT, AS NEW CHIEF IMMIGRATION “JUDGE” — Shock, Anger, Outrage Spreading Across Immigration & Legal Communities At Latest “Middle Finger” To Due Process & Fundamental Fairness Flipped By Racist Administration Of Human Rights Abusers!

💀☠️⚰️🏴‍☠️

https://www.justice.gov/eoir/page/file/1291891/download

July 2, 2020
EOIR Announces New Chief Immigration Judge
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Tracy Short as the Chief Immigration Judge of EOIR’s Office of the Chief Immigration Judge.
Biographical information follows:
Tracy Short, Chief Immigration Judge
Attorney General William Barr appointed Tracy Short as the Chief Immigration Judge in June 2020. Chief Judge Short received a Bachelor of Arts in 1990 from Texas Christian University and a Juris Doctor in 1995 from the Louisiana State University Law Center. Chief Judge Short began his legal career in 1995 as a judicial law clerk for Judge James M. Dozier, Jr., of the Third Judicial District Court of Louisiana. From 1997 to 1998, he served as a public defender, representing indigent criminal defendants in Louisiana state courts, while also practicing civil law. From 1998 to 1999, Chief Judge Short was an assistant attorney general for the Louisiana Department of Justice where he represented the State of Louisiana in civil litigation. From 1999 to 2000, he also served as a judicial law clerk for Justice Chet D. Traylor of the Louisiana Supreme Court. From 2000 to 2001, Chief Judge Short was a judicial law clerk for Judge Robert B. Maloney of the U.S. District Court for the Northern District of Texas. From 2001 to 2003, Chief Judge Short litigated removal cases on behalf of the Department of Justice as trial attorney with the former Immigration and Naturalization Service in Dallas. From 2003 to 2005, Chief Judge Short served as Assistant Chief Counsel in the Dallas office of U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA). In 2005, he was appointed as a Special Assistant U.S. Attorney (SAUSA) in the U.S. Attorney’s Office (USAO) for the Northern District of Texas, where he handled complex civil litigation involving ICE. In 2007, Chief Judge Short was appointed as a SAUSA in the USAO for the Eastern District of Texas, where he litigated criminal cases. From 2007 to 2009, he served as the Acting Deputy Chief Counsel and Senior Attorney in OPLA’s Dallas office. As a Senior Attorney, he litigated significant and complex immigration cases and served as the lead attorney for matters involving customs law and criminal investigations. From 2009 to 2015, he served as Deputy Chief Counsel in OPLA’s Atlanta office, where he managed litigation operations and client services in a multi- state field office. From 2015 to 2017, Chief Judge Short served as Counsel to the U.S. House of Representatives, Committee on the Judiciary’s Subcommittee on Immigration and Border
Communications and Legislative Affairs Division

Page 2
Security. From January 2017 to June 2020, he served as the ICE Principal Legal Advisor and, later, as a Senior Advisor to the ICE Acting Director. He is a member of the Louisiana State Bar Association and the State Bar of Texas.
— EOIR —
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all the cases it adjudicates.

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

The final paragraph above is, of course, a sick joke.

I predict that we will hear more from the legal and the human rights communities about this latest abuse of authority by a corrupt White Nationalist regime committed to a program of crimes against humanity.

Due Process Forever!

This November, vote like your life depends on it. Because it does!

PWS

07-02-20

CATHERINE RAMPELL @ WASHPOST: More Stupidity, Cruelty, & Racism Behind Trump’s Latest Assault on First Graders, Families, & Legal Immigration — It’s Not About Protecting American Jobs — Just The White Nationalist, Restrictionist Immigration Agenda

 

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

By Catherine Rampell

June 29 at 7:16 PM ET

Last week President Trump suspended visas for huge categories of immigrants, allegedly to “protect American jobs.”

To understand how disingenuous this rationale is, consider the case of Vihaan Baranidharan.

Vihaan is stuck in India, where he went to see his sick grandmother for what was supposed to be a short visit. Thanks to Trump’s order, he’s blocked from getting the visa stamp needed to return to Dallas. But Vihaan has not taken, nor has any plans to take, any American’s job. He doesn’t have the experience to be competitive in the U.S. job market — or even sufficient vocabulary.

Because Vihaan just finished first grade.

“What risk could he pose to the U.S. economy?” pleads his mother, Sindhu Turumalla. “He is 7.”

That doesn’t matter to the Trump administration, which is exploiting the economic downturn as another excuse to punish immigrants — whether legal or undocumented, professional or working class, entrepreneur or student, adult or child.

The United States is so far the only country to “explicitly justify mobility limitations not on grounds of health risk, but to protect the jobs and economic wellbeing of” its citizens, according to the Migration Policy Institute.

In an April executive order, Trump suspended issuance of green cards for most people applying from abroad. Last week’s executive order expanded the ban to large categories of temporary, employment-based visas. This included the highly skilled immigrants the administration usually claims it prioritizes, as well as any spouses and minor children who normally accompany these workers.

The U.S. economy is indeed in bad shape. But it’s hard to fathom that the estimated 377,000 would-be immigrants now barred from entry present much “risk to the U.S. labor market,” as Trump claims.

Keeping them out, however, could actually harm the economy in the long run. Vihaan’s family presents a helpful case study.

His dad, an executive handling cybersecurity at a major global bank, has been based in the United States since 2017 on a visa specifically for executives transferred from abroad within the same company. He manages, and hires, U.S. workers. While unemployment overall is in double digits, in his field — computer-related occupations — unemployment has declined since the pandemic began, hitting 2.5 percent in May.

What’s more, economists generally believe that highly skilled immigrants like him create job opportunities for Americans and make the country more competitive, especially in STEM, or science, technology, engineering and math, fields.

. . . .

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

Read the rest of Catherine’s article at the link.

Let’s see, 21 million Americans out of work. 377,000 foreign workers barred. That’s less than 2% — statistically insignificant. But, politically, it’s “red meat” to Trump’s White Nationalist followers.

Beyond that, it’s largely apples and oranges. Among others, Trump is barring intracompany executives and managers, those with specialized business knowledge, skilled professionals, and those coming under exchange programs. But, the hardest hit sectors of the U.S. workforce have been things like hospitality, government, and mining. 

So, Toyota is going to hire an out of work bartender to run a U.S. Division? An international tech company is going to replace its chief information officer with an out of work coal miner? Or, perhaps a laid off government bureaucrat is going to replace a seasonal camp counselor in Maine? Not likely. More realistic that the employer would simply shift the work abroad or just close or reduce the U.S. operations.

During my years in the INS, we went through various iterations of “programs” to notify state and local employment agencies when a major enforcement operation supposedly “freed up” jobs for U.S. workers — usually in agriculture or manufacturing. None of these efforts created meaningful opportunities that U.S. workers were ready, willing, and qualified to take, at least on any systematic, consistent, or widespread basis.

The oft-cited claim that “they are taking our jobs” or that deportations, exclusions, and bars “protect the American labor market” is largely unsupported by hard data. Let’s just take a look at those who advance such basically mythical claims: nativist immigration groups and GOP politicos.

These are the same folks who oppose increases in minimum wages, bust unions, eliminate health and safety protections, don’t believe in health care, weaken anti-discrimination protections, cut unemployment benefits, and support management’s unilateral right to exploit workers to the max. These are not groups and individuals with any real concerns about the health or welfare of U.S. workers except to the extent that they think their claims — supplemented with racist dog whistles identifying the “foreign invaders” as people of color — might win them some votes at election time.

Or let’s take something more basic. I just listened to a news report saying that the simple act of everyone wearing a mask could save the U.S. economy one trillion dollars. That’s real money!

So, if Trump, Pence, and the GOP really wanted to help American workers and the economy in a meaningful way, they would be pulling out all the stops to promote, actually demand, that all Americans wear masks and practice social distancing. They would be strongly supporting governors, mayors, and public health officials urging these uniform practices. Yet, that’s not what’s happening. 

The visa suspension is just another Trump racist ruse. Something to make the gullible think he is concerned about them when fact is he’s never been concerned for anyone in his life except himself. But, it’s dangerous because it promotes the myth of the link between immigrants and America’s economic problems and shifts the attention from the Trump kakistocracy’s “malicious incompetence” that actually was a major contributing factor to our inept, at best, COVID-19 response and the problems and chaos that have followed.

The real situation looks more like this: 1) with the economy ailing, there would be a natural decline in job-based immigration in certain sectors because of market forces, regardless of what Trump does; 2) with America’s well-advertised failure to deal competently with COVID-19 and Trump’s ugly hate rhetoric, “immigrants with choices” may well choose other destinations (Canada is one that is already benefiting from Trump’s obsession with xenophobic immigration policies); 3) with Americans barred from entry into the EU and perhaps other countries, the vital force of immigration and its overall positive effect on the world economy will be muted in the U.S.; and 4) with the legal immigration system, including the refugee and asylum systems, shut down whatever future immigration does occur under Trump is likely to be of the extralegal variety, unscreened, unmonitored, and uncontrolled. 

The latter are likely to be refugees with limited options, driven more by necessity than economics, although for many refugees persecution and economic factors are inextricably intertwined. Even here, the practical difficulties of travel during a worldwide pandemic are likely to have more of an impact than Trump’s elimination of asylum.  

Indeed, our country has long benefitted from asylum seekers’ (now sadly misplaced) trust in the U.S. legal system that leads to their turning themselves in at ports of entry, surrendering near the border, or voluntarily applying at a USCIS Asylum Office in the U.S. With the U.S. legal system now in “full fraud mode” refugees stand a better chance of  losing themselves in the interior than of gaining protection from a system specifically designed to treat them unfairly and abusively.

Trump claims great “success” for his abrogation of the legal immigration system and crimes against humanity. But, who really knows how many folks cross the border without our knowledge and where they end up? And, no ridiculous and wasteful wall is going to stop that.

That doesn’t mean that the extralegal immigration won’t be beneficial — past extralegal immigration has benefited the U.S. overall and often, but not always, the migrants themselves. But, by keeping migrant populations underground, living in fear and uncertainty, and subject to exploitation, we limit the immigrants’ abilities to reach their full potential and to contribute fully to our society. In other words, we limit our own capacity to get the full benefit of the reality of human migration in a global society.

In November, we have a chance to end the stupidity and cruelty and to establish a more just society that recognizes the benefits of equal justice for all and treats migrants fairly, humanely, rationally, and with respect for their legal and human rights. We can’t afford to blow it, again!

This November, vote like your life depends on it!  Because it does!

PWS

07-01-20

 

MICHAEL GERSON @ WASHPOST: Trump Is Without Morality, Human Decency, Integrity, or Intelligence — Just Why Is This Vile Racist Who Is The Wrong Man For Our Time Still In Office & Threatening The Safety & Security of Every American?☠️🤮⚰️👎🏻🏴‍☠️

 

https://www.washingtonpost.com/opinions/if-trump-ignored-bounties-on-us-soldiers-this-represents-a-new-level-of-debasement/2020/06/29/4901633e-ba36-11ea-8cf5-9c1b8d7f84c6_story.html

. . . .

Discerning a hierarchy of depravity among Trump’s provocations is not easy. His increasingly strident racism is complicating America’s reckoning with current injustices and grave historical crimes. His politically motivated sabotage of essential public health measures has likely cost thousands of lives. But there is something uniquely debased about a commander in chief who receives the salutes of soldiers while his administration does nothing about credible information on a plot to kill them.

And that is what the Trump administration seems to have done. If, as reported by multiple news sources, the White House was informed in March that Russian intelligence units were placing bounties on the heads of U.S. troops in Afghanistan, then the administration’s silence and inaction have been a form of permission.

The president’s claim of ignorance is not credible. This act of aggression would be a major escalation by a strategic rival. If the United States received intelligence about the bounties, and if response options were considered at a high level within the White House, there is simply no way the president and his senior staff would have been kept in the dark. It is information directly pursuant to Trump’s function as commander in chief.

. . . .

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

Read the rest of Michael’s article at the link.

Sadly, Michael, the answer to the question I posed above is “the modern GOP.” 

You really appear to be a decent human being and a courageous writer. How did you ever fall in with such a disreputable gang as the GOP?

Anyway, glad you finally have seen the light. My parents were Republicans. But, to state the obvious, this isn’t your parents’ (or at least my parents’) GOP. Apparently, not yours either. Which is a good thing — at least a start.

PWS

07-01-20

STAR CHAMBER: Barr Moves To Interfere With Judicial Independence Again – Appears Anxious & Ready To Change Result of Rare BIA “Victory” For Foreign National! — Amicus Solicitation in Matter of A-M-, 28 I&N Dec. 7 (A.G. 2020)

Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail

 

Cite as 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986

Matter of A-M-R-C-, Respondent

Decided by Attorney General June 17, 2020

U.S. Department of Justice Office of the Attorney General

BEFORE THE ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. To assist me in my review, I invite the parties to this proceeding and interested amici to submit briefs on points relevant to the disposition of this case, including:

  1. Would the delay in my referral of this case cause the respondent to suffer any “prejudice from any inability to prove his defenses,” Costello v. United States, 365 U.S. 265, 283 (1961), or otherwise prevent me from reviewing the Board’s decision in this matter?
  2. Did the Board err in determining as a matter of its discretion that there was not probable cause that the respondent had committed a “serious nonpolitical crime”? 8 U.S.C. § 1158(b)(2)(A)(iii). In making such a determination, did the Board correctly conclude that the crime of which the respondent had been convicted in absentia was not “disproportionate to the objective” or “of an atrocious or barbarous character”? Deportation Proceedings for Joseph Patrick Thomas Doherty, 13 Op. O.L.C. 1, 23 (1989) (internal citation omitted).
  3. Did the Board err in determining that the persecutor bar at 8 C.F.R. § 1208.13(c)(2)(i)(E) did not apply to the respondent’s asylum claim?
  4. Did the Board apply the correct legal standard in concluding that the respondent’s in absentia trial suffered from due process problems even though the Department of State had found that the trial had satisfied due process?

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before July 17, 2020. Interested amici may submit briefs not exceeding 9,000 words on or before July 31, 2020. The parties may submit reply briefs not exceeding 6,000 words on or before July 31, 2020. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to:

7

Cite as 28 I&N Dec. 7 (A.G. 2020) Interim Decision #3986

United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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

Billy Barr, Chief Prosecutor, gets to select the judges, make the rules, evaluate the judges’ “performance,” and set the anti-immigrant “tone” in this farcical imitation of a “court system.”

But, sometimes even those advantages aren’t enough to prevent justice from prevailing. Then, as here, Barr merely reaches into the system, even long “after the fact,” rewrites the analysis, and changes the law so the immigrant loses, which (surprise) is going to be the predetermined result here. Yet, this clear denial of constitutional due process and fundamental fairness is allowed to continue.

What if those who run this thoroughly illegal and corrupt system were judged by the same methods and standards that they use to “judge” others?

 

PWS

06-17-20

 

 

EYORE’S KAKISTOCRACY KORNER: EOIR Director Shoots Messenger, But Fails To Address Serious Systemic Inaccuracies in Statistics & Record Keeping!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Susan B. Long
Susan B. Long
Co-Director
TRAC
David Burnham
David Burnham
Co-Director
TRAC

EOIR Director McHenry Replies To TRAC’s Letters But Ignores Agency’s Data Troubles

Despite TRAC’s appeals to the EOIR, Immigration Court records continue to disappear each month. This is unfortunately still the case with EOIR’s latest data release. Yesterday, June 15, we finally received a letter from EOIR Director James McHenry in response. But instead of addressing the obvious serious data management problems at EOIR, Director McHenry denied there were any problems and attacked TRAC’s motives for spreading what he claims are falsehoods about the agency.

Background

TRAC initially reported 1,507 missing applications for relief in our October 2019 report, which grew to 3,799 missing applications the following month. We wrote EOIR Director James McHenry providing a copy of the 1,507 missing applications asking for answers on why these records were missing from their files. We wrote again when the number of missing applications more than doubled the following month. Not only did we provide substantive evidence of the issues, we also repeatedly reassured the administration that we stood ready to work with them to fully resolve the underlying issues. These letters were met with silence. Not only have these particular cases disappeared entirely, they have not been restored in any subsequent data releases including the latest data TRAC received last week.

Alarmingly, the data from EOIR for April 2020 on asylum and other applications for relief to the Immigration Courts was missing an even larger

https://trac.syr.edu/immigration/reports/614/ Page 1 of 4

EOIR Director McHenry Replies To TRAC’s Letters But Ignores Agency Data Troubles 6/16/20, 4:29 PM

number of records—so large, in fact, that TRAC ceased publishing this information on our website and recommended the public be cautious in relying on EOIR asylum statistics until these problems were corrected. TRAC published those findings on June 3, 2020.

The Good and The Bad: EOIR’s Latest Data Release

Late on Friday, June 5, after normal business hours, EOIR sent a brief email acknowledging that data the agency had provided TRAC was, as TRAC had reported two days earlier, not usable. The problem was attributed to a “scripting error”—that is, problems made in the computer code that the EOIR’s Office of Information Technology had developed. A “corrected” version of the data was posted, shortly followed by EOIR’s regular monthly release with updated data through May 2020.

The good news is that TRAC has confirmed that the large number of asylum and other applications that had disappeared from the April shipment were now included in the May release. The bad news is that EOIR did not fix the underlying problem. Yet again, thousands of records that had been present in the April shipment were now missing. And the disappearing records from prior months, including the 1,507 missing asylum and other application for relief that TRAC first wrote about back last fall, continued to be missing from this latest release.

Even setting aside the issue of missing records, the persisting problem of computer processing malfunctions remains very troubling. Fixing one computer processing glitch after another does not address this larger systemic problem. Why do basic programming errors that lead to countless additional data errors keep reoccurring month after month in data and reports the agency publishes? Why aren’t these caught earlier and corrected before any data and statistics are released? The agency has yet

https://trac.syr.edu/immigration/reports/614/ Page 2 of 4

EOIR Director McHenry Replies To TRAC’s Letters But Ignores Agency Data Troubles 6/16/20, 4:29 PM

to address these questions.

EOIR Director McHenry Responds

At the same time we published our June 3 report, we wrote a third letter to EOIR Director McHenry expressing our concern and seeking a commitment from him to take the steps needed to address these problems. We assured Director McHenry again that we would be more than happy to work cooperatively with the agency to help them better ensure that going forward the public is provided with more accurate and reliable data about the Immigration Court’s operations.

This Monday we received a response from Director McHenry. His response is available here. Rather than addressing the real issues concerning the agency’s continuing data management problems, Director McHenry attacked our motives for alleging that the agency had any problems and further claimed that TRAC knew our statements to be untrue but had made them anyway.

Director McHenry also falsely alleged that TRAC wanted “to obtain all sensitive, identifying information” in EOIR data about particular immigrants in court proceedings. Nothing could be farther from the truth. Our requests have been limited to anonymized data. Indeed, EOIR publicly posts the monthly data TRAC receives on its own website.

In fact, due to the agency’s computer management problems, in March 2020 the agency posted data online which the agency itself intended to withhold. It was TRAC—not the EOIR—who uncovered this mistake and alerted agency officials.

Why did the EOIR post data online that it intended to withhold? Again it was the same underlying problem: deficiencies in EOIR data management

https://trac.syr.edu/immigration/reports/614/ Page 3 of 4

EOIR Director McHenry Replies To TRAC’s Letters But Ignores Agency Data Troubles 6/16/20, 4:29 PM

processes mistakenly allowed the public posting of information on tens of thousands of immigrants the agency had sought to redact. Once again basic checks were not in place to verify that their programs had functioned properly so no one at the agency had caught these mistakes before the data was distributed.

What Comes Next?

TRAC has been asked to refer any future issues to EOIR Chief Management Officer Kate Sheehey. TRAC’s co-director had an initial phone conversation with her last Friday, June 12. TRAC asked Director Sheehey to find out why month after month more records keep permanently disappearing from EOIR’s data. She has promised to look into this and provide answers. TRAC will continue to keep the public informed on any future developments.

*********

  Director

Susan B. Long

Co-Director, TRAC and

Associate Professor

Martin J. Whitman School of Management Syracuse University

721 University Avenue

Syracuse, New York 13244

David Burnham

Co-Director, TRAC and

Associate Research Professor

S.I. Newhouse School of Public Communications Syracuse University

215 University Place

Syracuse, New York 13244

Dear Professors Long and Burnham:

U.S. Department of Justice

Executive Office for Immigration Review

Office of Director

5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041

June 12, 2020

This letter responds to your letter dated June 3, 2020, and to your previous letters dated November 4, 2019, and December 18, 2019, respectively.

As you are aware, EOIR has committed to an unprecedented data transparency initiative over the past two years, including the monthly posting of data from its Case Access System for EOIR (CASE) database pursuant to the Freedom of Information Act (FOIA). As you are also aware, EOIR does not delete data from CASE in the sense that you have repeatedly alleged. As EOIR has explained to you previously, data that you allege has been “deleted” actually reflects either real-time updates to information in CASE, technological errors in the extraction and posting of the data which have been corrected, or data that was appropriately withheld from disclosure pursuant to FOIA.

Because you know that EOIR does not delete data, I can only speculate as to your motives for continuing to publicly accuse EOIR’s hardworking and conscientious career personnel in the Office of the Chief Immigration Judge (OCIJ), the Office of Information Technology (OIT), and the FOIA Unit of malfeasance. Moreover, your apparent desire to obtain all sensitive, identifying information in CASE related to specific cases of aliens in immigration proceedings—including aliens with particular types of

Letter to Professors Susan B. Long and David Burnham Page 2

claims subject to protection from disclosure under FOIA—is perplexing. Nevertheless, regardless of your motivation, your inflammatory and inaccurate accusations do nothing to advance our mutual goals of improving the availability of reliable data to inform decision-making in the immigration sphere.

In light of your continued disparagement of the employees within OCIJ, OIT, and the FOIA Unit, I have asked Chief Management Officer Kate Sheehey to address any future issues that you raise with the monthly data release under FOIA. Please direct any future comments or inquiries to her.

cc: Kate Sheehey, Chief Management Officer

Sincerely,

JAMES MCHENRY

Digitally signed by JAMES MCHENRY

Date: 2020.06.12 16:43:24 -04’00’

James R. McHenry III Director

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

While nobody is infallible, TRAC is a well-respected independent source of statistics and nonpartisan analysis.

EOIR, on the other hand, is a highly partisan mismanaged charade of a court system dedicated to carrying out the DOJ’s anti-asylum, anti-immigrant agenda. 

Recently, the DOJ’s own independent watchdog exposed the incompetent handling of the funding for court interpreters that directly diminished due process for those appearing before EOIR. https://immigrationcourtside.com/2020/06/10/%e2%98%a0%ef%b8%8f%f0%9f%a4%a1%f0%9f%a5%b5kakistocracy-korner-w-eyore-tal-kopan-sf-chron-tanvi-misra-roll-call-report-on-our-anti-heros-latest-adventures-in-fraud-waste-abuse-a/

https://immigrationcourtside.com/2020/06/10/naij-speaks-out-on-fraud-waste-abuse-eoir-the-mismanagement-uncovered-by-oig-in-yesterdays-report-is-only-the-tip-of-the-iceberg-of-persistent-systemic-and-structural-failures/

Additionally, the Congressional Hispanic Caucus has written to McHenry expressing grave concerns about EOIR’s data management practices (or lack thereof).  https://chc.house.gov/media-center/press-releases/congressional-hispanic-caucus-demands-trump-administration-explain

Who ya gonna believe? No contest!

This also provides insights into why, after two decades of failed efforts and squandered taxpayer funds, EOIR failed to deliver on a functional nationwide e-filing system. It also helps explain how the already overwhelming docket backlog has more than doubled even with nearly twice as many judges under the “malicious incompetence” of the Trump DOJ.

But, this “gang that can’t shoot straight” had time to develop ridiculously unneeded and counterproductive “Immigration Judge Dashboards” that nobody except politicos wanted, to keep the pressure on judges to deny due process and deny asylum. They also had time to set up a totally unneeded “Office of Policy” under the Director and to disembowel the Office of Legal Assistance Programs, one of the few functional parts of EOIR “management” whose projects once long ago actually helped to reduce backlogs while promoting due process. The Office of Policy duplicates functions that formerly were adequately performed by the Office of General Counsel.

EOIR has always had a problem of too many positions and too much funding devoted to Headquarters in Falls Church rather than to the courts in the field. But, under the Trump kakistocracy the problem has become an epidemic. EOIR management has been used to exert improper political control over the quasi-judicial process and to interfere in independent decision making and due process. But, it’s been totally “MIA” in providing the basic apolitical professional administrative services needed by the judges and the public they are supposed to be serving (but aren’t right now under an Administration that has open contempt for due process, service to the public, and the immigrant community).

An independent Article I Court is the only solution! Competent administrative services dedicated to promoting full due process with efficiency and top notch public service is a prerequisite for any type of  meaningful backlog reduction. As long as “Aimless Docket Reshuffling” and mismanagement rule, the backlog will continue to grow by leaps and bounds. But, because of chronically unreliable EOIR statistics and record keeping, we might never know the true extent of the court backlog. You can bet, however, that’s it’s now considerably more than the previously reported 1.4 million “on docket plus waiting to be recalendared” mess.

Maybe, rather than “shooting the messengers,” EOIR should enlist the assistance of true experts and statisticians to help fix the current broken system!

Due Process Forever!

PWS

06-17-20

🤡EYORE’S WORLD: AILA, Other NGOs Protest EOIR’s Unilateral COVID-19 Reopening Plan!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

https://www.aila.org/advo-media/aila-correspondence/2020/letter-eoir-resumption-nondetained-docket

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

Fresh off third-party revelations of chronically unreliable data, poor record keeping, and mismanagement of interpreter funds, to name just a few management failures that have recently come to light, EOIR tries to jam an ill-advised reopening plan down the throats of stakeholders and their own employees without prior consultation. No wonder the backlog grows astronomically!

One way to get the backlog under control would be to solicit the input of the public, the Judges’ representative (NAIJ), court staff, and ICE counsel. These are the folks who know most about what’s on the docket and how best and most safely to get cases moving again. To state the obvious: Bureaucrats in EOIR headquarters and politicos at DOJ who don’t actually adjudicate local cases are in the worst position to make these decisions in a vacuum. 

Competent court management and backlog reduction requires a plan developed with input from all interested parties. EOIR’s wacko “my way or the highway” approach to court management can only lead to more “Aimless Docket Reshuffling” and even bigger backlogs.

The letter linked above offers EOIR lots of practical, common sense ideas for improving the courts and avoiding backlog creating and life threatening mistakes. EOIR must start paying attention to the experts rather than kowtowing to the politicos at DOJ.

PWS

06-12-20

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

 

Me

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

By Paul Wickham Schmidt

Special to Courtside

June 14, 2020

Imagine yourself in a foreign land. You don’t speak the language, and you don’t know the rules. You’re arrested for a minor crime. You think you have a plausible defense. But, it could result in capital punishment. You are detained in squalid conditions. You’re hauled before a court. The bond is ludicrously high, set by the prosecutor and judge under rules they make up as they go along. You don’t have a lawyer because you can’t afford one. The “judge” is appointed by the chief prosecutor. The judge herself is a former prosecutor. The prosecutor makes the rules. 

If you win, the prosecutor can appeal to a body stacked in his or her favor. If you lose, you can appeal to a tribunal hand-selected by the chief prosecutor because of their harshness and votes to convict more than 90% of the time. If, against those odds, you still win acquittal, the chief prosecutor can take over the case, rewrite the rules, and change the verdict to guilty. In the meantime, you’ll remain imprisoned in the “Gulag.”

Doesn’t sound like much fun does it? Am I describing something out of a third-world dictatorship or a Kafka novel?  Absolutely not! This system operates right here in our United States of America, right now.

It’s chewing up and spitting out the lives of men, women, and even children who are supposed to receive due process and fundamental fairness and instead get the exact opposite. It’s enabled by Supreme Court Justices, Federal Judges, legislators, and public officials who won’t stand up for the legal and Constitutional rights of migrants and asylum seekers in the face of grotesque Executive abuses.

It’s called the U.S. Immigration Court. It exists in a “Constitution & humanity-free zone.” It’s run by Chief Prosecutor Billy Barr and his subordinates at the U.S. Department of Justice (“DOJ”). It’s not really a “court” at all, by any rational definition. 

No, it’s a national disgrace and an intentional perversion of the constitutional right to due process, fundamental fairness, and human dignity. It’s also an unmitigated management disaster where DOJ-promoted  “Aimless Docket Reshuffling” (“ADR”) has built an astounding 1.4 million case backlog with cases stretching out beyond the next Administration, even after doubling the number of “judges.” More judges means more backlog in this wacko system.

In the words of my friend and fellow panelist, Ira Kurzban, “this is not normal.” Yet complicit public officials, legislators, and life-tenured Federal Judges continue to “normalize” “America’s Star Chambers” and their biased, race-driven nativist attack on our Constitution and our humanity!

It needs to change. But, all three branches of our government currently lack the courage, leadership, and integrity to make “equal justice under law” a reality rather than just a slogan.

The three things I would do right up front are:

First, remove the Immigration Courts from the DOJ and create an independent, Article I U.S. Immigration Court as recommended by ABA President Judy Perry Martinez, the FBA, the NAIJ, AILA and almost all other true experts in the field.

Second, return the Immigration Courts to their previous noble mission of “through teamwork and innovation, be the world’s best tribunals guaranteeing fairness and due process for all.” End the disgraceful, unlawful, unconstitutional use of the Immigration Courts as a tool of DHS Enforcement, a deterrent, and a weaponized enforcer of a nativist, anti-human-rights agenda.

Third, replace the current highly-biased, one-sided judicial hiring system with a merit-based hiring process that properly weighs and credits demonstrated fairness, scholarship in immigration and human rights, experience representing asylum seekers and other migrants, and involves meaningful public input in judicial selections. Since 2000, the current skewed system has favored prosecutors and other “government insiders” by a ratio of more than 9-1, and has totally excluded private sector candidates from appellate judgeships at the Board of Immigration Appeals (“BIA”).

Our Constitution requires “equal justice for all.” To achieve it, we need public officials, legislators, Supreme Court Justices, and other Federal Judges who actually believe in it. That means real change in all three branches of our failing (and worse) Federal Government. Due Process Forever; Corrupt Officials, Feckless Legislators, and Complicit Courts, Never!

This is derived from my virtual panel presentation before the ABA Section on International Law on June 8, 2020.

© Paul Wickham Schmidt. 2020.

🏴‍☠️☠️🤮TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

https://lawprofessors.typepad.com/immigration/2020/06/gao-says-customs-and-border-protection-spent-migrant-medical-funds-on-dirt-bikes.html

Friday, June 12, 2020

GAO Says Customs and Border Protection Spent Migrant Medical Funds on Dirt Bikes

By Immigration Prof

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McCord Pagan for Law360 reports that U.S. Customs and Border Protection (CBP) violated the law by taking funds designated by Congress for consumables and medical care for migrants and instead used some of the money for its canine program, dirt bikes and upgrades to its computer system, according to the U.S. Government Accountability Office (GAO).

While CBP spent some of the designated funds on baby products, food, defibrillators, and masks, CBP violated the law by spending certain funds meant for such migrant care on canines, boats, dirt bikes, ATVs, a vaccine program for its employees, and upgrades to its computer network, sewer system, as well as janitorial services, according to the GAO report.

The 2019 law providing supplemental funds to CBP to help address a surge of migrants crossing the U.S.-Mexico border designated about $112 million to CBP for “consumables and medical care.”

“We conclude that CBP violated the purpose statute when it obligated amounts expressly appropriated for consumables and medical care and establishing and operating migrant care and processing facilities for other purposes,” according to the GAO opinion. The Congressional watchdog is conducting an audit of CBP and the U.S. Department of Homeland Security on the care of the adults and children in its custody, it said.

In response to GAO’s findings, a CBP spokesperson sent Law360 a statement calling the violations “technical in nature” and said it will take prompt remedial action.

Nick Miroff for the Washington Post also reports on the story.

KJ

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Thursday, June 11, 2020

District Court Halts ICE Enforcement Operations at New York Courthouses

By Immigration Prof

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U.S. District Judge Jed S. Rakoff

For several years, the Chief Justice of California has sought to keep Immigration and Customs Enforcement (ICE) away from the California courts.  Last year, a federal judge in Massachusetts blocked ICE courthouse arrests there.

CNN reports the latest skirmish between the state courts and federal immigration enforcement.

U.S. District Judge Jed S. Rakoff issued an order yesterday blocking ICE from making arrests in New York courts, finding that the practice is illegal.  The introductory paragraph of his ruling reads as follows:

 

“Recent events confirm the need for freely and fully functioning state courts, not least in the State of New York. But it is one thing for the state courts to try to deal with the impediments brought on by a pandemic, and quite another for them to have to grapple with disruptions and intimidations artificially imposed by an agency of the federal government in violation of long-standing privileges and fundamental principles of federalism and of separation of powers.”

 

State and local officials argue that when ICE officers apprehends immigrants at courthouses — where they are making appearances as defendants, witnesses or victims — it endangers public safety by making it harder to prosecute crimes.

 

ICE has defended the arrests, saying apprehending people in controlled settings is safer than arresting them on the streets.

 

KJ

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Baby jails, stealing from kids, interfering with the administration of justice. Just another day in the Disunited Kakistocracy of Trump.

These situations result in part from a feckless Congress led by Mitch and a failed Supremes led by Roberts who won’t stand up for our Constitutional rights and restrain an obviously corrupt and lawless Executive with a racist agenda.

It’s no surprise that much of Trump’s wrongdoing is exposed by the Government’s own ”watchdogs.” Unlike GAO, which works for Congress, those in the Executive Branch often are then unethically fired by Trump as Congress and the Supremes fail to stand up for honesty in Government. Worse yet, they fail to protect public employees who courageously expose corruption.

And, the high ranking legislators and judges who have watched and enabled Trump’s scurrilous attacks on our Constitution and human values ultimately bear much of the responsibility! As my friend Ira Kurzban would say, “this is not normal.” “Normalizing” and “enabling” illegal, unethical, and racist-driven behavior is obscene. If “watchdogs” and U.S. District Court Judges can speak out against lawless actions and corruption, how is it that Mitch, Roberts, and the rest of the GOP have “swallowed the whistle?”

PWS

06-12-20

06-12-20

KAKISTOCRACY KORNER:  Catherine Rampell @ WashPost Shows How Regime’s Maliciously Incompetent White Nationalist Stupidity @ USCIS Has Bankrupted Once-Profitable Agency! PLUS: Once Again, Failed Supremes Big Part of The Problem! — What’s The Purpose of A Court That Promotes Injustice And Fails To Resist Evil?

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Catherine writes:

The immigration agency admonishing immigrants to pull themselves up by their bootstraps seems to have destroyed its own boots.

For three years, U.S. Citizenship and Immigration Services — the federal agency that processes visas, work permits and naturalizations — has lectured immigrants about how they should become more self-sufficient. It has alleged, without evidence, that too many immigrants are on the dole. (Actually, immigrants pay more in taxes than they receive in federal benefits, and the foreign-born use fewer federal benefits than do their native-born counterparts.)

The agency implemented a broad, and likely illegal, rule allegedly designed to weed out immigrants who might ever be tempted to become a “public charge” and try to benefit from taxpayer largesse.

Well, now USCIS is broke — and is trying to become a “public charge” itself, by begging Congress for a bailout.

The agency is funded almost entirely by user fees, rather than congressional appropriations. But under President Trump’s leadership, it has mismanaged its finances so badly that it has sought an emergency $1.2 billion infusion from taxpayers.

Unless it get a bailout, the agency will furlough three-quarters of its workforce next month, Government Executive reported Thursday.

The agency claims it’s a novel coronavirus victim. No doubt, the covid-19 pandemic has disrupted operations. But USCIS was in financial trouble long before the virus’s outbreak.

[[Full coverage of the coronavirus pandemic]]

It acknowledged as much in public documents last fall, when it proposed a massive increase in user fees because of large projected budget deficits.

It didn’t have to be this way. When Trump took office, USCIS inherited a budget surplus. Last year, the agency saw record highs in both revenue and revenue per user.

So what went wrong?

The administration has frittered away funds on phantom cases of immigration fraud — which, like the president’s allegations of voter fraud, it has struggled to prove is an actual widespread problem that’s been going undetected.

USCIS has siphoned resources to create a denaturalization task force, which strips citizenship from immigrants found to have lied or otherwise cheated on applications. Last year, the agency revealed intentions to double the size of its fraud detection unit.

The bigger drain on resources, though, is its deliberate creation of more busy work for immigrants and their lawyers — as well as thousands of USCIS employees. These changes are designed to make it harder for people to apply for, receive or retain lawful immigration status.

For instance, the agency has demanded more unnecessary documentation (“requests for evidence”) and more duplicative, mandatory in-person interviews. Previously, staffers had more discretion to determine whether these interviews were necessary.

Staffers have been directed to comb through applications looking for minor (frivolous) reasons to reject otherwise eligible applicants.

. . . .

The American Immigration Lawyers Association and the American Immigration Council offer a few obvious suggestions, including eliminating some of the stupid processing requirements that raise costs for both applicants and USCIS without actually adding value. Other ways to reduce costs include holding virtual naturalization oath ceremonies and allowing electronic payments for everything.

Congress could also demand the agency raise more money on its own, without gouging, say, poor asylum seekers. For instance, it could expand the cash cow known as “premium processing” (faster processing, for a fee) to more types of its applications.

Finally, get rid of the “public charge” rule. It’s a perfect example of everything that got USCIS into this mess: an expensive-to-administer — and, again, likely illegal — solution in search of a problem, whose only purpose is to punish immigrants just trying to follow the law.

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Read the rest of Catherine’s article at the link.

Wow, what a terrific analysis! The “problems” were self-created by a regime with an irrational, White Nationalist, racist agenda. The solutions are actually quite obvious and readily available, as Catherine points out. But, they won’t happen until Trump is removed from office.

Catherine also raises a larger problem in America’s abject failure to insist on constitutionally-required social justice for everyone, regardless of color, status, or ethnicity. Stephen Miller’s racist changes in the public charge regulations never should have happened. It’s not rocket science. It’s Con Law 101, Administrative Law 101, with a dose of common sense and human decency thrown in.

In fact, the lower Federal Courts spotted the “racist stink-bomb” in Miller’s idiotic public charge changes right from the “git go” and  properly stopped the change in its tracks. But, a GOP Supremes’ majority improperly granted Solicitor General Francisco’s unethical and blatantly disingenuous request for a stay of the injunction, providing no reasoning for their outrageous conduct. Four Justices dissented, led by Justice Sotomayor who lodged a vigorous dissent exposing the unlawful favoritism shown by her GOP colleagues to the Trump/Miller racist immigration agenda. https://immigrationcourtside.com/2020/02/22/complicity-watch-justice-sonia-sotomayor-calls-out-men-in-black-for-perverting-rules-to-advance-trump-miller-white-nationalist-nativist-immigration-agenda/

The current racial crisis, failure to achieve Constitutionally-required equal justice for all, and perhaps worst of all pandering to obviously fabricated pretexts for the Trump regime’s racist agenda, particularly as it has targeted asylum seekers and migrants of color, can be laid to no small degree at the feet of five GOP-appointed Supreme Court Justices disgracefully led by our failed Chief Justice.

They have failed to achieve and enforce equal justice for all because they don’t believe in what our Constitution requires. Millions of individuals who are neither lawyers nor judges know exactly what our Constitution requires and what morality and simple human decency mandates. It’s the exact opposite of what Trump stands for.

But, a Supremes’ majority that neither believes in Constitutional due process and equal justice for all nor possesses the guts and human decency to stand up to an overtly racist President and his toadies will continue to be part of the problem, rather than the solution to the blatant injustices that currently plague our society.

I’m certainly not the only former judge to recognize the intellectual dishonesty and moral corruption at the heart of today’s failed Supremes!

https://immigrationcourtside.com/2020/03/12/u-s-district-judge-lynn-s-adelman-channels-courtside-blasts-roberts-company-for-aiding-the-forces-seeking-to-destroy-our-democracy-instead-of-doing-w/

America needs and deserves better Justices who believe in and stand up for equal justice. Our Supremes’ institutional failure isn’t an exercise in legal academics or legitimate intellectual differences of opinion, like the majority often pretends. 

No, bad judging injures, maims, and kills people every day. It undermines the health and safety of America every day. It allows baby jails and star chambers to flourish in our midst. It allows the illegal return of refugees to the dangerous countries they fled without any process at all, let alone “due” process. In enables corrupt Government officials to propose an outrageously unlawful, malicious, bogus, misogynist, and evil “administrative repeal” of asylum accompanied by a battery of racist-inspired lies because they know there is no legal accountability for their reprehensible conduct so long as the J.R. Five is there to protect their misdeeds. It allows police officers to act believing they won’t be held accountable for killing George Floyd.

It’s no wonder that democracy is crumbling before our eyes when the majority of Justices charged with protecting it place loyalty to a political party and its immoral, unqualified leader, perhaps the greatest threat to our democracy and the rule of law in our history, above the common good.

Due Process Forever. Complicit, Racism-Enabling Courts, Never!

PWS

 06-12-20

EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        

Pete Williams
Pete Williams
Justice Correspondent
NBC News

https://www.nbcnews.com/politics/justice-department/preposterous-court-appointed-lawyer-michael-flynn-case-slams-doj-attempt-n1229336

 

Pete Williams reports for NBC News:

 

WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.

In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.

“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”

Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”

Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.

The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.

Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.

Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.

“It is hard to conceive of a more material false statement than this one,” Gleeson said.

Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.

Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”

. . . .

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Read the rest of Pete’s article at the link.

Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!

Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.

But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”

The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.

The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.

George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!

Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.

Due Process Forever!

This November, vote like your life depends on it! Because it does!

PWS

06-11-20

 

 

NAIJ SPEAKS OUT ON FRAUD, WASTE, & ABUSE @ EOIR “The mismanagement uncovered by OIG in yesterday’s report is only the tip of the iceberg of persistent systemic and structural failures at EOIR. EOIR has failed to implement an electronic filing system, failed to properly hire judge teams as instructed by Congress, failed to secure adequate space to properly run the court and has persistently shuffled immigration judge dockets resulting in the unprecedented backlog of over 1 million immigration court cases.”

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Hon. A. Ashlley Tabaddor
Hon. A. Ashley Tabaddor
President, National
Association of Immigration Judges (“NAIJ”)

Press Release – OIG report

  1

 AFOR IMMEDIATE RELEASE- June 10, 2020

Contact: Hon. Ashley Tabaddor, President, NAIJ, (310) 709-3580, ashleytabaddor@gmail.com

The National Association of Immigration Judges

Statement on DOJ OIG Report on Executive Office for Immigration Review Fiscal Year 2019 Financial Management Practices

DOJ OIG Report Highlights the Structural Flaw of Entrusting a Law Enforcement Agency with Administering the Immigration Court

WASHINGTON- ​The United State Department of Justice, Office of Inspector General’s (OIG) ​June 9, 2020 report​, assessing the Executive Office of Immigration Review’s (EOIR) financial management practices, revealed significant leadership and structural failures at EOIR. Although Congress fully funded EOIR’s 2019 budget request, EOIR nevertheless announced on March 6, 2019 that it was “considerably short of being able to fulfill all of [EOIR’s] current operational needs.” In its audit, OIG determined that EOIR’s statement was not accurate. Nor was a subsequent EOIR claim that its interpreter costs would spike to approximately 150% of its budgeted amount. OIG also found that the EOIR director knowingly failed to correct his inaccurate statements because of concerns of “backlash.”

 

 “EOIR failed court administration 101” said NAIJ President, Ashley Tabaddor in response to the ​OIG report​: “The mismanagement uncovered by OIG in yesterday’s report is only the tip of the iceberg of persistent systemic and structural failures at EOIR. EOIR has failed to implement an electronic filing system, failed to properly hire judge teams as instructed by Congress, failed to secure adequate space to properly run the court and has persistently shuffled immigration judge dockets resulting in the unprecedented backlog of over 1 million immigration court cases.” The prestigious Syracuse University’s Transactional Records Clearinghouse (TRAC) recently announced that EOIR’s data releases are so deficient that the public should not rely on the accuracy of those records, and despite calls for correction, EOIR’s data irregularities are approaching the point of no return.

These problems all stem from the structural flaw of having the immigration court housed in the Department of Justice, a law enforcement agency. The OIG report findings are just another example of systemic flaws plaguing the immigration court and bolster the widespread call on Congress to establish an independent immigration court.

The National Association of Immigration Judges (NAIJ), founded in 1971, is a voluntary organization formed with the objectives of promoting independence and enhancing the professionalism, dignity, and efficiency of the Immigration Court.

###

2

 

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“Malicious incompetence” unchecked! Truly a corrupt regime and a broken justice system in a downward spiral. 

PWS

06-10-20

BIGOTED BULLY BILLY BARR BRUTALLY BATTERS U.S. JUSTICE SYSYEM: B/T/W He Also Runs America’s Most Screwed Up, & Most Clearly Unconstitutional “Court” System Right Under The Noses of Feckless Article III Judges! — It’s Not “Justice” — Just The Open Fraud That Passes For Justice When Democratic Institutions & Moral Leadership Fails — Barr’s DOJ is a “Thugocracy,” Says Post’s Dana Milbank!

Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/06/09/so-this-is-why-bill-barr-is-such-bully/

Milbank writes in WashPost:

Police in Buffalo shove a 75-year-old man to the ground and blood pours from his ear. Police in Brooklyn knock down a young woman and call her a “bitch” because she asked why she had to leave the street. Federal authorities in Washington fire tear gas at peaceful demonstrators, then lie about it.

Get the feeling law enforcement in this country is being run by a middle-school bully?

If so, you are not wrong.

Childhood bullies have a predisposition to become adult bullies, research shows, and, sure enough, it seems Attorney General William Barr was a teenage bully more than 50 years ago.

Back in 1991, during Barr’s confirmation to be George H.W. Bush’s attorney general, lawyer Jimmy Lohman, who overlapped with Barr at New York’s Horace Mann School and later Columbia University, wrote a piece for the little-known Florida Flambeau newspaper about Barr being “my very own high-school tormentor” — a “classic bully” and “power abuser” in the 1960s who “put the crunch on me every chance [he] got.”

Nobody noticed the Flambeau piece at the time, but Lohman posted it on Facebook when President Trump nominated Barr in 2018, and it took on “a life of its own,” Lohman told me Tuesday from Austin, where Post researcher Alice Crites tracked him down. The article resurfaces in social media each time Barr does something unconscionable — which is often.

The 1991 description of 1963 Barr’s harassment sounds eerily like the 2020 Barr. He “lived to make me miserable,” with a “vicious fixation on my little Jewish ‘commie’ ass,” Lohman alleged, because he wore peace and racial-equality pins. He said the four Barr brothers picketed the school’s “Junior Carnival” because proceeds went to the NAACP, and he alleged that Billy Barr, the “most fanatic rightist” of the four, later “teamed with the New York City riot police to attack anti-war protesters and ‘long hairs.’ ”

The 1991 article says Barr, a “sadistic kid,” has “come a long way from terrorizing seventh graders just because they wore racial equality buttons.” The Justice Department didn’t respond to my request for comment.

Lohman’s account is consistent with Marie Brenner’s reporting for Vanity Fair: “A few who knew the Barr boys came to call them ‘the bully Barrs’; the siblings, these former classmates claimed, could be intimidating.” A petition from Horace Mann alumni asks the school to “rethink” an award for Barr, who “violated our school’s Core Values of Mutual Respect and Mature Behavior.”

Historian Paul Cronin, in Politico this week, says Barr was part of the “Majority Coalition” at Columbia that fought antiwar demonstrators. Barr had told the New York Times Magazine he was part of a “fistfight” in which “over a dozen people went to the hospital.” Cronin noted: “There appears to be no record of any trip to the hospital.”

Now Barr exaggerates violence on a grand scale. After he directed the forceful eviction of peaceful demonstrators from Lafayette Square, he claimed to Fox News on Monday that the image of peaceful demonstrators was “miscreated” to ignore “all the violence that was happening preceding that.” He alleged that there were two “bottles thrown at me” when he surveyed the scene; footage showed him at a safe distance. He charged that previously “things were so bad that the Secret Service recommended that the president go down to the bunker”; Trump claimed it was merely a bunker “inspection.”

. . . .

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Read the rest of Dana’s article at the link. 

Sadistic kid grows up to be racist bully, becomes Attorney General, institutes thugocracy, perverts justice, enabled by courts who look the other way. Wow! What a “great American success story.”

What’s the purpose of an independent life-tenured judiciary that lacks the courage, integrity, and commitment to our Constitution to hold Barr accountable for his attacks on truth, the rule of law, and human decency? 

The road from Buffalo, Minneapolis, and Lafayette Park leads directly to the Supremes’ failure of legal and moral leadership. “Equal justice for all” will never become a reality until we get a Supremes’ majority that actually believes in it and has the guts to make it happen! When judges will neither admit nor engage the problem, they are the problem!

Better judges for a better, fairer, more equal America!

Due Process Forever!

PWS

06-10-20

☠️🤡🥵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!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

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

 

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Tanvi Misra
Tanvi Misra
Immigration Reporter
Roll Call

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.

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[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.

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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

DEBUNKING THE TRUMP REGIME’S WHITE NATIONALIST MYTHS☠️: Furthering & Protecting Immigrants’ Rights Benefits Society — Bogus “COVID-19” Visa Restrictions & Other Nativist Nonsense Enabled By Feckless Congress & Failing Courts Hurts America!

Gaurav Khanna
Gaurav Khanna
Assistant Professor of Economics
U.S. San Diego

https://apple.news/AtzkkrgAGThCSMutjCZCjAg

 From SCIENMAG:

New Visa restrictions will make the US economic downturn worse

New research shows legal protections for immigrants improve lives and livelihoods of citizen workers

The Trump administration is expected to set limits on a popular program that allows international students to work in the U.S. after graduation while remaining on their student visas. The restrictions on the Optional Practical Training (OPT) program are designed to help American graduates seeking jobs during the pandemic-fueled economic downturn; however, the move is likely to further hurt the economy, according to new University of California San Diego research on immigrant rights.

In a new research paper, economists find that immigrant rights enhance the lives and livelihoods of native-born workers in many ways. Drawing from a sweeping collection of studies on the U.S. labor market over the past century, the paper is the first of its kind to look at how legal protections for immigrants affect domestic workers of immigrant-receiving countries in terms of generating income, innovation, reducing crime and increasing tax revenues.

One in eight persons living in the United States was born in a different country. Therefore understanding the impact of migrant worker rights on receiving economies is crucial to immigration policymaking, especially with the White House’s immigration policies growing more exclusionary during the COVID-19 pandemic.

“This time the political restrictions seem to be on high-skill foreign-born, like students, OPTs and those with H1B visas,” said Gaurav Khanna, co-author and assistant professor of economics at the UC San Diego’s School of Global Policy and Strategy (GPS). “Many high-skill workers have lost their jobs, which means many will have to leave the country soon. When the U.S. crisis abates, there may be a scarcity of high-skill professionals, which could stall a robust recovery.”

Legal protections for immigrants aid entrepreneurship and innovation

About 45 percent of Fortune 500 companies were founded by immigrants or children of immigrants. These companies amass more than $6 trillion in revenue per year and include tech-giants like Google-Alphabet, Microsoft, Tesla and Apple. With one in four of computer scientists born in a different country, the U.S. immigrant workforce comprises of many of Silicon Valley’s top entrepreneurs, current CEOs or company founders.

As entrepreneurs know, starting a business requires a lot of money up front while the return on investment may take years, but the benefits to the local populations prove to be very positive from the start.

With the economy contracting at unprecedented levels, the White House’s decision to impose more visa restrictions is expected make economic recovery more difficult because the less confidence immigrants have in their status, the less likely they are to seed innovation and create businesses.

Providing legal permanence and stability to immigrants may help incentivize long-term local investments like businesses which lead to an increase in jobs and a larger tax base, Khanna and co-author Anna Brown, a graduate of GPS’s Master of Public Policy program write.

H1-B under fire, despite its well-documented economic benefits

Most technology workers enter the U.S. on H-1B visas, which are temporary work visas that are valid for three years and renewable up to another three years. At the end of the six-year period, these highly-skilled workers must either leave the country or apply for a costly green card that has a long waitlist, particularly for citizens of India and China.

“Extending the H-1B limit or making the green card process easier would provide immigrants with a longer legal work status in the U.S. and allow employers to retain high-skill talent, which could have downstream effects on other industries that use software, like banking, manufacturing and other sectors,” the authors write.

Since the H-1B visa was in introduced in 1990, it has yielded many economic benefits. For example, U.S.-born workers gained $431 million in 2010 as a result of the H-1B, according to previous research from Khanna. Moreover, another study of his revealed that hiring H-1B workers was strongly associated with firms introducing newer products.

However, new restrictions to the H-1B, the same type of visa the founder of SpaceX, Elon Musk, used to begin working in the U.S., could be released soon as the White House recently indicated it is reevaluating the program. This could yield another roadblock for the legalization of immigrants with entrepreneurial ambition.

“Unless immigrants are certain they will be allowed to remain within a country, they may not invest in developing a business in that country,” Khanna and Brown write. “This highlights a problem faced by many migrants who have ambitions to start businesses but will not because they know they may not be able to stay in the country for long.”

More protections for immigrants increases the likelihoods of jobs going to native born-workers, over immigrants

In addition to analyzing how immigrant rights aid entrepreneurship, Khanna and Brown also looked at how these policies impact the competition between native-born and immigrant workers. Immigrant worker rights protect migrant workers from employer exploitation; an indirect benefit of these laws is that they even the playing field between immigrants and non-immigrants.

“Migrant workers, who are not legally protected, face much lower wages compared with their native counterparts,” according to Khanna. “This is detrimental to U.S. born workers, who are less likely to be hired. Ensuring migrant workers have substantial rights inadvertently helps U.S. born workers as well.”

The study points to exclusionary immigration policies over the course of U.S. history, from the Chinese Exclusion Act of 1882, to the Kennedy and Johnson administrations’ policies targeted at farmworkers, all of which were driven by fear of low-skill laborers from other countries depressing wages of native-born workers in the U.S.

However, economist all over the world have been unable to find evidence that proves these theories. Rather, in each of these cases throughout U.S. history, employers adjusted to the missing workers in ways other than substantially bidding up wages, such as by shifting to production technologies that use less labor.

“Often, such policies have been motivated by resentment against foreign workers; however, this fear may be based on false perceptions and lack of evidence,” the authors of the paper, which appeared in the UCLA Journal of International Law & Foreign Affairs, write. “This resentment may also be driven by racial prejudices and xenophobia.”

Rights for immigrants also lower crimes in receiving countries

Even as the discussion on the impact of immigration has predominantly focused on wages and employment, the current U.S. President has strongly alluded to a link between immigrants and crime, propelling growing discourse on the subject.

Between 2001 and 2017, Gallup polls consistently reflected that roughly half (45 percent to 58 percent) of American respondents believe immigrants make the crime situation worse. These assumptions are false. The authors cite ample research that sheds light on incarceration rates being lower for immigrants, and far lower for newly arrived immigrants, revealing the baseline for criminal activity among immigrants is lower than native-born workers.

In addition, the authors point to previous studies that revealed a correlation between immigrant rights with decreased crime over the course of four decades (1970 to 2010).

“This is because the less protection and work opportunities immigrants have, the more likely they are to turn to criminal activity, as an act of desperation,” said Khanna. “Criminal behavior is widely understood to be a result of necessity and when given legal employment opportunities at livable wages, crime is reduced.”

For example, after the Immigration Reform and Control Act (IRCA) of was implemented in 1986, which gave legal status to three million immigrants in the U.S., it led to a marked decrease in crime up to 5 percent.

Legal protections lower the fiscal burden and reduce deficits

Contrary to popular belief, undocumented migrant workers pay taxes, mostly income taxes, which are estimated to at $11.7 billion. Yet the number would be higher (by $2.2 billion) if undocumented migrants were granted legal status, an important consideration as the national deficit mounts in the wake of COVID-19.

Additional ways more protections for migrants would help domestic populous could be lower health care costs. Undocumented migrants may not be eligible for insurance, adding to healthcare costs in times of emergency.

“We find that the fiscal burden can be greatly reduced if immigrants are given working status and allowed to contribute to the tax base,” the authors wrote. “In conclusion, we find there are several areas where strengthening migrant worker rights benefits native-born workers, outweighing any costs borne by them.”

To read the full paper, go to the UCLA Journal of International Law & Foreign Affairs website.

Media Contact
Christine Clark
ceclark@ucsd.edu
https://ucsdnews.ucsd.edu/pressrelease/new-visa-restrictions-will-make-the-u.s-economic-downturn-worse

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The fear mongering, racist lies, anti-scientific BS, and White Nationalist false narratives pushed by the Trump regime and enabled by a feckless Congress and complicit Article III Courts that refuse to give meaning to our Constitution and statutes while failing to require honesty and candor from the Administration are destroying America.

No, everything can’t be changed overnight. Sadly, the damage inflicted by Trump, his corrupt cronies, and his supporters on America and on our democratic institutions is huge; it will take years if not decades to repair. That’s what makes the exceptionally poor performance of Congress and the Federal Judiciary as a whole under the defective leadership of the Supremes so reprehensible. Far, far too many of the wrong people in the wrong jobs at the worst time in our history for fecklessness, lack of courage, and absence of integrity, not to mention empathy and compassion for “the other.” Disgraceful!

But regime change and appointing Federal Judges who demonstrate “community creds,” a commitment to due process, fundamental fairness, equal justice under law, human rights, and human decency would be an important necessary step to making social justice in America a reality rather than just a slogan. It would also help protect us against any future “Trump-style, neo-fascist regime.” 

This November, vote like your life depends on it. Because it does!

 PWS

06-06-20

🏴‍☠️“BIZARRO COURTS” — THE CONSTITUTION APPLIES TO ALL PERSONS IN THE U.S., YET ICE & THEIR “PARTNERS” AT EOIR HAVE ESTABLISHED A CONSTITUTION-FREE “COURT SYSTEM” THAT OPERATES BEYOND THE LAW & MORALITY IN A LEGAL NEVER-NEVER LAND 🧚‍♂️ — How Do They Get Away With It Under The Noses Of Congress & Article III Courts? — An Outrageous Story of Gross 🤮 Institutional & Personal Failures & Ethical Lapses Across All Three Branches of Our Federal Government ☠️👎🏻!

Paul Moses
Paul Moses
Reporter
The Daily Beast
Tim Healy
Tim Healy
Reporter
The Daily Beast

 

Paul Moses and Tim Healy report for The Daily Beast:

‘The Bizarro-World’ Immigration Courts Where the Constitution Isn’t Applied Detainees can be held for weeks or months before seeing a judge. The Justice Department gave “the word of the agency under penalty of perjury” that it would fix that—but only in NY

 

·         ICE officials acknowledged that they couldn’t handle the volume of arrests their own agents made; the major clog was in getting a legal review from the agency’s understaffed legal unit.

 

·         In 11 of the 55 venues that heard more than 500 cases last year, detainees spent six weeks or more in jail before an initial hearing. Such long waits would be unconstitutional in criminal cases; the right to due process requires authorities to not only get a case filed but also to provide an arraignment promptly, generally in no more than 48 hours.

 

·         Among the 55 venues that handled 500 or more detainee cases last year, the longest waits from arrest to initial hearing were in hearing locations at privately run lockups under contract with ICE: Winn Correctional Center in Winnifield, Louisiana, a median of 140 days; T. Don Hutto Residential Center in Taylor, Texas, 72 days; Richwood Correctional Center in Richwood, Louisiana, 64 days…

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Ironically, by his own overt corruption and open disdain for our Constitution and the rule of law, Trump has exposed the deep flaws, grotesque derelictions of duty, and unethical complicity throughout our Constitutional institutions that are supposed to protect all of us, particularly the most vulnerable among us like civil immigration detainees and asylum seekers, from abuses by would-be authoritarian tyrants like Trump!

Here’s a gem:

 

“The larger question behind this mass of numbers is why DHS is detaining so many people when both its legal office and the court lack the staffing—not only judges but support staff as well—to handle them.

‘I would just say, they are the prosecuting agency and in this context, they have complete control over the timeline,’ said Aaron Hall, an immigration lawyer who practices at the court in Aurora, Colorado, which has had substantial delays. ‘If the charging document isn’t ready to go, why are they arresting them?’”

Good question! But don’t expect a straight answer from the “malicious incompetents” at DHS. Nor will today get anything except misleading nonsense from their “partners” at EOIR (“ICE Jr.”).

DOJ was forewarned of this disaster by an independent consultant back in 2017. But, rather than solving the problem, then AG Jeff “Gonzo Apocalypto” Sessions intentionally made things even worse at EOIR. You might remember “Gonzo” as the “mastermind” behind the regime’s unconstitutional child separation policy. His victims were returned to abuse, scarred for life, or imprisoned for the “crime” of asserting their Constitutional and legal rights to fair treatment.  

All of this is wrong, plain and simple! It’s part of “Dred Scotiffication” — now playing out across our nation in many ways. Finally, the systematic “dehumanization of the other” as aided, abetted, and actually encouraged by a majority of the Supremes, is getting some much-needed and long overdue “pushback.”

But the abuses of our Constitution and our values, and the unaccountability of corrupt public officials, present and former, of the Trump immigration kakistocracy, won’t cease until we get “regime change.” That requires substantial personnel and attitude changes across all three branches of our reeling Federal Government! And that definitely includes accountability for those who have failed to insure “equal justice for all” and instead permitted and sometimes aided and abetted the existence of “Constitution-Free Zones” right under their noses!

Due Process Forever! Complicit Officials & Institutions, Never!

PWS

6-04-20