EXILED: HOW THE TRUMP REGIME’S JUDICIALLY-ENABLED TRASHING OF ASYLUM LAW & DUE PROCESS HAS LEFT AN INTERNATIONAL COMMUNITY OF LEGAL ASYLUM SEEKERS MAROONED IN A STRANGE & DANGEROUS LAND — “With The List’s queue regularly stretching longer than six months, many migrants fall victim to predatory robbery, kidnapping or murder before they can find refuge; others find the wait in one of the most dangerous cities in the world simply unendurable. . . . But for many people . . . going home is not an option.”

Jack Herrera
Jack Herrera
Independent Reporter covering Migration & Human Rights

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How Trump Created a New Global Capital of Exiles

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By Jack Herrera

TIJUANA, Mexico—If you go early in the morning to the plaza in front of El Chaparral, the border crossing where a person can walk from Mexico into the state of California, you’ll hear shouts like “2,578: El Salvador!” and “2,579: Guatemala!”—a number, followed by a place of origin. Every day, groups of families gather around, waiting anxiously underneath the trees at the back of the square. The numbers come from La Lista, The List: When a person’s number is called, it’s their turn to ask for asylum in the United States.…

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“Going home is not an option.” My friend and colleague on the Round Table of Retired Immigration Judges, Judge Jeffrey S. Chase used a similar observation as the lead in his recent blog: https://immigrationcourtside.com/2019/12/23/hon-jeffrey-s-chase-crime-refugee-protection-the-implication-that-refugees-should-either-stay-or-return-home-ignores-the-impossibility-of-such-request-as-refugees-by/.

We should never forget the life-tenured Article III judges, mostly on the appellate level including the Supremes, whose abandonment of both their oaths of office and their humanity has enabled the Trump Regime’s all-out assault on the rule of law and our democratic institutions to succeed to the extent it already has. 

Trump’s dismantling of the U.S. justice system and all the laws he doesn’t like or doesn’t want to follow counts heavily on the complicity or the outright assistance off Article III Federal Judges. To date, notwithstanding some wimpy disingenuous protests from Chief Justice Roberts, bemoaning the predictable lack of respect for the judicial system that he and his colleagues enabled by their complicity, the higher level Article IIIs haven’t disappointed Trump. That’s how the regime’s scofflaws can, without any legislative action, create “exile cities” in “unsafe third countries” right at our border, in violation of both the guarantees of our asylum laws and the Constitutional right to Due Process!

I spent many years of my career dealing daily with the results of failed states, authoritarian regimes, and fallen democracies. I know a lot about how oppression works and how democracies and constitutional republics fail.

I have some very bad news for the “life-tenured ones” in their ivory towers: failed states, authoritarian regimes, and failed democracies ultimately have no use for anything approaching an independent judiciary. Maybe those Article III appellate judges should think and reflect before they cast their next votes to empower autocracy over democracy.

Due Process Forever!

PWS

01-07-20

 

“SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were THEIR Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  

“SITTING DUCKS” IN “UNSAFE THIRD COUNTRIES” — How The Supremes, The 9th Circuit, The 5th Circuit, & Other Complicit Federal Appellate Courts Aid & Abet The Trump Regime’s Human Rights Violations — Would The “Privileged Robed Ones” Take Due Process & The Rule Of Law More Seriously If It Were Their Kids & Grandkids Being Kidnapped & Held for Ransom For The “Crime” Of Seeking Protection Under U.S. Laws?  

Robbie Whelan
Robbie Whelan
Mexico City Correspondent
Wall Street Journal

 

\https://apple.news/A7aogQqflTgq9ZgbhJJzr1A

Robbie Whelan reports for the WSJ:

Latin America

Violence Plagues Migrants Under U.S. ‘Remain in Mexico’ Program

Migrants seeking shelter in the U.S. under Trump administration policy report rising numbers of kidnappings by criminal groups

NUEVO LAREDO, Mexico—Every morning, Lorenzo Ortíz, a Baptist pastor who lives in Texas, drives a 12-seat passenger van packed with food and blankets across the border to pick up migrants who have been dropped off in Mexico and ferry them to shelters.

His mission is to keep the migrants safe from organized crime groups that prowl the streets of this violent Mexican border town. Since the Trump administration began implementing its Migrant Protection Protocols program at the start of 2019—widely known as Remain in Mexico—some 54,000 migrants, mostly from Central America, have been sent back to northern Mexico to wait while their asylum claims are processed. Mexico’s government is helping implement it.

But in cities like Nuevo Laredo, migrants are sitting ducks. Over the years, thousands have reported being threatened, extorted or kidnapped by criminal groups, who prey upon asylum seekers at bus stations and other public spaces.

“Over the last year, it’s gotten really bad,” Mr. Ortíz said.

A typical scheme involves kidnapping migrants and holding them until a relative in the U.S. wires money, typically thousands of dollars, in ransom money. Gangs have also attacked shelters and even some Mexican clergy members who help migrants.

There have been 636 reported cases of kidnapping, rape, torture and other violent crimes against migrants returned to Mexico under Remain in Mexico, according to Human Rights First, which interviews victims in border cities and advocates for migrants’ due process rights. At least 138 of these incidents involved kidnappings of children.

Many more cases of extortion and violence go unreported for fear of retribution. As more migrants are returned to dangerous areas such as Nuevo Laredo under Remain in Mexico, the situation is expected to worsen, the nonprofit Human Rights First said in a recent report.

The Mexican government has played down the violence. Foreign Minister Marcelo Ebrard recently acknowledged kidnapping incidents, but said that “it’s not a massive number.” Only 20 such cases have been investigated by the government, he added.

The Trump administration has credited the program with deterring migrants from attempting to cross into the U.S. Monthly apprehensions of migrants at the U.S. Southern border have plunged from more than 144,000 in May to 33,500 in November. The Remain in Mexico program was expanded in June.

On a recent visit to the border, acting Department of Homeland Security Secretary Chad Wolf said the program has been a “game-changer” for U.S. Customs and Border Protection officers because it has freed them from having to perform humanitarian duties.

But Mr. Ortíz’s daily commute back and forth over the border highlights what migrants’ advocates say is a key element of the program—it isolates migrants not only from the legal counsel they need to argue their asylum claims, but from resources like food, shelter and medical care that are abundant on the U.S. side, but near-nonexistent in Mexico.

“You have all this infrastructure to help feed and clothe and house people set up on this side, in Laredo and Del Rio and Eagle Pass, and then suddenly the administration changes the policy, and you have to send it all to Mexico, because now everyone is on the other side,” said Denise LaRock, a Catholic Sister who helps distribute donations to asylum seekers through the nonprofit Interfaith Welcome Coalition. Mexico has been unable to provide enough safe shelter and other resources to migrants.

In Matamoros, another large recipient of asylum seekers under the program across the border from Brownsville, Texas, a tent city of more than 3,000 people has sprung up. Migrants there have complained of overcrowding, unsanitary conditions and insufficient medical treatment. In November, a migrant from El Salvador was murdered in Tijuana, opposite San Diego, while waiting with his wife and two children for an asylum hearing under the Remain in Mexico program.

On a recent, briskly-cold Wednesday, Mr. Ortíz, dressed in a ski vest and a baseball cap with the logo of the U.S. Chaplain International Association, picked up six migrants, including two children aged 8 and 14, at the immigration office in Nuevo Laredo. All were from El Salvador, Guatemala or Honduras, and were returning from legal appointments in the U.S. Hearings take place in makeshift courts set up in tents in Laredo, just across the bridge over the Rio Grande that separates the two cities.

At the front door of the office, six young men sat idly around a motorcycle, hats pulled low over their heads, watching the scene unfold, periodically walking up to the church van and peering in. Mr. Ortíz said these men were “hawks” or lookouts for criminal gangs.

“They know who I am, I know who they are,” he said. “You have to know everyone to do this work. The cartels respect the church. I’ve driven all around Nuevo Laredo in this van, full of migrants, and they never mess with me.”

At one point two of the lookouts asked the pastor for some food. He gave them two boxes of sandwich cookies. They clapped him on the shoulder, eating the treats as they walked back to their observation post.

Mr. Ortíz, a native of central Mexico, came to the U.S. at age 15 and eventually built a small contracting business in Texas. He became an ordained Baptist minister about a decade ago and three years ago began ministering to migrants full time. This year, he converted several rooms of his home in Laredo, Texas, into a dormitory for migrants and built men’s and women’s showers in his backyard.

After picking up the migrants, Mr. Ortíz ferried the group to an unmarked safe house with a chain-locked door on a busy street in the center of Nuevo Laredo, Mexico.

Inside, about 90 migrant families crowded into rows of cots set up in a handful of bedrooms and a concrete back patio. Among the Central Americans are also migrants from Peru, Congo, Haiti, Angola and Venezuela.

Reports of migrant kidnappings have increased since the Remain in Mexico program began, Mr. Ortíz said. In September, armed men stormed the safe house—one of two that the pastor brings migrants to—and detained the shelter’s staff for about an hour.

Since then, Mr. Ortíz said, the volunteer staff has stopped allowing migrants to leave the house unaccompanied, even to buy milk for young children at a nearby store.

Rosa Asencio, a schoolteacher fleeing criminal gangs in El Salvador and traveling with her two children ages 4 and 7, was returned to Nuevo Laredo under Remain in Mexico. She says she hasn’t been outside the shelter for nearly three weeks. “They can kidnap you anywhere,” she said.

María Mazariegos, an Honduran housekeeper, said she was kidnapped along with her 12-year-old daughter Alexandra from the bus station in Nuevo Laredo in September.

Gang members held her in a windowless cinder-block room that bore signs of torture for three days with one meal of tortillas and beans. She was released after her family members in the U.S. convinced her captors that they didn’t have the money to pay a ransom.

Then, two weeks later, while she was returning from a court appointment in the U.S., a shelter staff member confirmed, another group tried to kidnap her. An escort from the shelter was able to talk the kidnappers out of it.

She has court hearing under Remain in Mexico rules on Jan. 22, where a judge is expected to decide on her asylum case. If she is rejected, she plans to move to the Mexican city of Saltillo, where she has heard there are more jobs and less violence.

“Just about anywhere is better than here,” Ms. Mazariegos added.

Write to Robbie Whelan at robbie.whelan@wsj.com

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These two quotes really tell you all you need know about this grotesquely immoral and illegal “Let ‘Em Die In Mexico Program” (sometimes totally disingenuously referred to as the “Migrant Protection Protocols”) and the sleazy U.S. Government officials responsible for it:

There have been 636 reported cases of kidnapping, rape, torture and other violent crimes against migrants returned to Mexico under Remain in Mexico, according to Human Rights First, which interviews victims in border cities and advocates for migrants’ due process rights. At least 138 of these incidents involved kidnappings of children.

. . . .

On a recent visit to the border, acting Department of Homeland Security Secretary Chad Wolf said the program has been a “game-changer” for U.S. Customs and Border Protection officers because it has freed them from having to perform humanitarian duties.

Let’s not forget that the Immigration “Court” system that has life or death power over these asylum claims has been twisted and “gamed” against legitimate asylum seekers, particularly women and children with brown skins, by the White Nationalist politicos who unconstitutionally control it. All this while the Article III appellate courts look the other way and “swallow the whistle” on protecting the legal and constitutional rights of the most vulnerable among us.

Let’s see, essentially: “It’s great program because it allows us to evade our humanitarian duties under humanitarian laws and concentrate on faux law enforcement directed against individuals who are not legitimate targets of law enforcement.” Doesn’t say much for the legal and moral authority of the Article III, life-tenured judges who think this is acceptable for our country.

Obviously, this has less to do with the law, which is clearly against what the “regime” is doing, or legitimate law enforcement, which has little to do with the vast majority of legal asylum seekers, and lots to do with vulnerable, brown-skinned individuals desperately seeking justice being “out of sight, out of mind” to the exalted, tone-deaf Article III Judges who are failing to do their Constitutional duties. “Going along to get along” appears to be the new mantra of far too many of the Article III appellate judges.

Assuming that our republic survives and that “Good Government” eventually returns to both the Executive and the Legislative Branches, an examination of the catastrophic failure of the Article III Judiciary to effectively stand up for the Constitutional, legal, and individual human rights of asylum seekers obviously needs reexamination and attention.

The glaring lack of legal expertise in asylum, immigration, and human rights laws as well as basic Constitutional Due Process, and the total lack of human empathy among far, far too many Article III appellate jurists is as stunning as it is disturbing! The past is the past; but, we can and should learn from it. At some point, if we are to survive as a nation of laws and humane values, we need a radically different and more courageous Article III Judiciary that puts humanity and human rights first, not last!

The “Let ‘Em Die In Mexico Program” will not go down in history as a “law enforcement success” as Wolf-man and the other Trump regime kakistocrats and their enablers and apologists claim; it eventually will take its place as one of the most disgraceful and cowardly abandonments of American values in our history. And, the role of the complicit Supreme Court Justices and Court of Appeals Judges who turned their backs on our asylum laws, our Constitution, and human decency will also be spotlighted!

As I was “indexing” this article, I “scrolled through” the name and thought of my old friend the late Arthur Helton, a courageous humanitarian, lawyer, teacher, role model, and occasional litigation opponent (during my days at the “Legacy INS”). Arthur, who literally gave his life for others and his steadfastly humane view of the law, was a believer in the “fundamental justice” of the American judicial system. I wonder what he would think if he were alive today to see the cowardly and complicit performance of so many Article III appellate judges, all the way up to and including the Supremes, in the face of the unlawful, unconstitutional, institutionalized evil, hate, and tyranny of our current White Nationalist regime.

Due Process Forever!

PWS

12-31-19

“THE GIFTS OF THE MAGA-I:” DESPAIR, DEHUMANIZATION, DEATH — “[W]e keep wondering, how many 7-year-old girls would need to die for this to be something that would get in the headlines and stay in the headlines for a day or two?”

Dahlia Lithwick
Dahlia Lithwick
Legal Reporter
Slate
Kristin Clarens
Kristin Clarens, Esquire
Project Adelante

https://slate.com/news-and-politics/2019/12/trump-tent-cities-mpp-killing-immigrant-children.html

JURISPRUDENCE

Trump’s Tent Cities Are on the Verge of Killing Immigrant Children

By DAHLIA LITHWICK

DEC 23, 20191:17 PM

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The tent camp set up by asylum-seekers next to the bridge to the U.S. in Matamoros, Mexico, seen on Dec. 9.

John Moore/Getty Images

Popular in News & Politics

On this week’s episode of Amicus, Slate’s podcast about the Supreme Court, Dahlia Lithwick was joined by Kristin Clarens, an attorney with Project Adelante, a group of multidisciplinary professionals, including lawyers, doctors, ministers, and psychologists, working across the country to help mobilize and concentrate support for asylum-seekers at the border. A transcript of the interview, which has been edited and condensed for clarity, follows.

Dahlia Lithwick: Can you just start by explaining what it is that you do and how as a lawyer you were able to kind of amble in and out of border facilities, detention facilities?

Kristin Clarens: People who previously would have been detained [in the U.S.] are now living in sort of makeshift refugee camps on the Mexico side of the border because of the “Remain in Mexico” policy. So now it’s incredibly easy to amble in and out, as easy as it is for the cartel members and other organized criminals who are circulating in these camps.

The Remain in Mexico policy, the Migrant Protection Protocols, is just about a year old. Can you describe what the world was like before it, what the world has been like since?

The estimates are that there are around 3,000 people [in the tent camp in Matamoros] living just in squalor and in tents, and that 80 percent of them are families with young children. A year ago, in the Rio Grande Valley, most of those people would come to the United States either after asking for permission at a port of entry or after crossing without permission and they would be apprehended, put into one of the temporary facilities that so many of us have seen on the news with the kids in cages and the very overcrowded conditions, lack of sanitation and medical care. After that, the families and young kids were sent to longer-term detention centers where many of us, many lawyers who speak Spanish, have worked across the country.

As of June or July of this year, the United States government started implementing something that they call, I think very ironically, the Migrant Protection Protocols, which is a policy guideline that says that border patrol agents are able to return asylum-seekers to Mexico for the duration of their immigration hearings. So now an asylum-seeker who comes up from Central America arrives in these incredibly sketchy and stressful border towns, asks for asylum at the port of entry, and after a quick trip to one of the cage facilities, they are sent back into the streets of Mexico.

That moment where they’re shoved back into Mexican territory from the U.S. officials is an incredibly vulnerable one. It’s kind of like bad guys lurking on the sides.

Now that you’re looking at the tent cities in Mexico, what kinds of things are you seeing, what kinds of legal aid are you able to provide if you are in Matamoros trying to help?

The legal aid that we’re able to provide at this point is becoming so much more limited because the statistics out now are that 0.1 percent of asylum-seekers who have their cases heard in the MPP courts—many of whom have valid claims, who would have succeeded with time and due process and legal support—0.1 percent are succeeding. Nothing has changed with respect to the nature of the cases—single women who have been persecuted specifically because they’re vulnerable in their home countries by gangs and by other types of organized crime. They’re incredibly vulnerable living in these—it’s just like a tent, the kind of tent that you would take to go camping in the woods in the summer. Except for single women—sometimes pregnant with young children with no other form of support, no network whatsoever—living for months at a time in freezing cold conditions in rain and in superhot conditions the next day, just incredibly exposed on every single level.

The circumstances change almost weekly with respect to the parameters and expectations, the due process provided in the MPP camp, and also, with respect to just the feasibility of [the legal support] we can offer as the numbers of people on the ground grow and the backlog increases in the MPP courts.

The camp facility where people are sort of constrained physically has somewhere between 2,600 and 3,000 people in it at any given day, and it’s growing. But the total number of people who’ve been returned to Mexico under MPP is closer to 68,000. So only a small fraction of the people who need legal services are even visible at this point. 

On the ground and at least at Matamoros, people don’t have enough showers, they don’t have enough food. There’s rampant illness. I mean, you are seeing kids with tremendous medical and nutritional and other needs that are not getting that.

There’s sort of a group that’s come onto the scene over the past month that’s providing mobile health care via a clinic and also a humanitarian support to try and improve the shelters. They’re all volunteer based. It’s kind of all of us rolling up our sleeves and trying to figure out the best way to get support in there. But it’s subject essentially to the whims of the Mexican government. At any point, this could be shut down, or relocated, or people could just be forced to scatter. You just don’t know how things are going to unfold when the United States government’s policies might be enjoined, or when the Mexican government may decide that it can no longer tolerate these large refugee camps.

“How many 7-year-old girls would need to die for this to be something that would get in the headlines and stay in the headlines for a day or two?”

— Kristin Clarens

The Mexican government initially restricted humanitarian groups’ access to sort of building things like toilets and showers and did so themselves in Matamoros. But the facilities that they built were really not adequate. They have showers that are not linked to any sort of drainage systems so there’s just big puddles of disgusting water that smelled bad and it’s just really kind of dehumanizing. Prior to the existence of the showers though, people were bathing in the river, which is contaminated with human waste, and people were getting sick and these awful skin infections all over. Little kids were swimming in the same place where little kids were also vomiting and having diarrhea. It’s just kind of a recipe for humanitarian crisis, within 100 feet of an American city.

You’ve been dealing this week with a critically ill child.

It’s really difficult for people who could die at any minute of their illnesses to get medical care in Matamoros for a variety of reasons. It’s hard for them to get around. It’s a scary city and it’s not safe. And so, this past week, we heard about several more critically ill migrants waiting at the tent city, including a 7-year-old who had, I think it can best be described as, sort of a breach in her abdominal wall.

So her fecal matter was leaking out and kind of reinfecting her, kind of getting reabsorbed by parts of her body as she wasn’t able to access clean water or water at all, to drink or to bathe herself to prevent just massive infection that could really quickly turn to a life-and-death situation. So, we did the best we could. I’ve been on the bridge trying to cross with people and been kind of mistreated and treated aggressively by the Border Patrol agents, and I know how scary and hard that is. I can’t imagine having gotten that experience as a 7-year-old girl who has to wear a diaper because her stomach is no longer able to contain her intestines. Fortunately, she was able to cross after, I think, a collective eight or nine hours waiting on the bridge and advocating and negotiating with Border Patrol. She was able to get across and get to the hospital on Tuesday night.

I had to try to twist your arm to get you to come talk about her story, because nobody died so it feels like nobody is going to care?

That’s the sense that I get in trying to focus attention on this in such a stressful time in America. It seems scary. Our government is unstable and stressful right now, and at the same time, these incredible egregious human rights violations are happening at our Southern border. And it’s like, how do we cut through this noise and really stand up for the weakest people that our country is negatively impacting right now? And I don’t have those answers, but we keep wondering, how many 7-year-old girls would need to die for this to be something that would get in the headlines and stay in the headlines for a day or two?

You can listen to Amicus in the player below or via Apple Podcasts, Overcast, Spotify, Stitcher, Google Podcasts, or wherever you get your podcasts.

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Amicus With Dahlia Lithwick | Law, Justice, and the Courts

Divided Realities

Lawyers on the crisis at the border, and a cacophony of bad faith in the Capitol.

01:10:57

SHARESUBSCRIBECOOKIE POLICY

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Donald Trump Immigration Mexico

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As the article points out, vulnerable refugees with valid asylum claims that might well have been granted prior to the Trump White Nationalist kakistocracy are now being railroaded without legal representation or any semblance of fairness, impartiality, or due process. 

Another way of putting Kristin Clarens’s very valid concerns: “How many seven-year old girls would have to die before complicit, tone-deaf, life-tenured Supreme Court Justices and Article III Appellate Judges take off their blinders, get out of their ivory towers, stop kowtowing to Trump and the forces of White Nationalist darkness and evil, and start seeing Trump’s victims as human beings, or even as their own children or grandchildren?” 

Thank goodness for courageous, talented, dedicated folks like Kristin who represent the “True Spirit of Christmas” in an age where kindness, compassion, mercy, and justice have been forgotten and are daily being  trampled by the regime, its supporters, and enablers.

Merry Christmas,

PWS 

12-25-19

KILLERS ON THE BENCH: The 9th Circuit Mindlessly “Greenlighted” The Trump Regime’s Illegal & Unconstitutional “Let ‘Em Die In Mexico Program” – Now, Their Victims Are Doing Just That – The Deadly Costs Of Complicit Courts!

Wendy Fry
Wendy Fry
Watchdog & Accountability Team
San Diego Union-Tribune

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=861153e4-7431-4885-988f-89818194bf2f

 

Wendy Fry reports for the San Diego Union Tribune:

 

 

By Wendy Fry

TIJUANA — A 35-year-old man from El Salvador returned to Mexico under a controversial Trump administration program was brutally killed in Tijuana while waiting for an outcome to his U.S. asylum case, according to his family’s attorney.

During a seven-month period, the man and his family repeatedly told U.S. officials — including a San Diego immigration court judge, officials with Immigration and Customs Enforcement and border agents with U.S. Customs and Border Protection — that they were not safe in Tijuana, the lawyer said.

Customs and Border Protection returned the man and his family to Tijuana anyway, records show. In November, he was killed in Zona Norte, one of Tijuana’s more dangerous regions near the border.

“I don’t know how there’s an argument that Mexico is a safe country,” said Richard Sterger, the family’s immigration attorney. “My clients begged not to be sent back there.”

The family fled El Salvador and presented themselves at the San Ysidro Port of Entry in May asking to be allowed into the United States to assert their legal right to seek asylum, Sterger said.

The family was placed into the Migrant Protection Protocols program, also known as MPP or “Remain in Mexico.” The man’s wife and their two children are not being identified because they fear for their lives after reporting and speaking about his slaying.

Sterger said he could not discuss details of their asylum claim, such as why they fled El Salvador, because it is part of their ongoing immigration case.

Between May and September, the family members waited in Tijuana for their first court appearance, he said.

During their Sept. 11 immigration court hearing, they pleaded with a San Diego immigration judge to not be sent back to Mexico because they feared for their safety. At the time, the family did not have legal representation, Sterger said.

“I told the judge that I was afraid for my children because we were in a horrible, horrible place, and we didn’t feel safe here,” the widow told the Spanish-language news station Telemundo 20.

The judge referred the case to ICE, a process called “red sheeting,” and the family was interviewed about its fears of returning to Tijuana without a legal representative, the attorney said.

A spokeswoman for ICE said a “red sheet” is placed at the top of a person’s immigration court case file to alert Customs and Border Protection officials that an interview needs to be done about whether or not a family can continue safely waiting in Mexico.

She said she could not comment specifically on the man’s case because of privacy and identification policies.

Under international law, countries are forbidden to return asylum seekers to any nation where they are likely to face danger of persecution because of their “race, religion, nationality, membership of a particular social group or political opinion.” The legal principle is known as “non-refoulement.”

Migrant rights advocates have been warning the public that the U.S. government is violating the “non-refoulement” principle with the MPP program, which is facing numerous challenges and lawsuits in federal court.

Sterger said his clients’ case is a perfect example.

After telling U.S. officials they were afraid to be in Tijuana, the members of the family were sent back anyway without explanation.

A Baja California death certificate says the husband and father died Nov. 20 of stab wounds to his neck. It also says he had cuts and stab wounds all over his torso that a Baja California investigator confirmed could indicate torture.

Started under the Trump administration, MPP requires that migrants trying to legally enter the United States remain in Mexico during the immigration court process.

That process usually takes several months, sometimes up to a year, and involves multiple court hearings, which requires migrants to present themselves at El Chaparral border crossing near the San Ysidro Port of Entry to travel to immigration court in San Diego.

Officials with the Baja California prosecutors’ office said that during the process of repeatedly presenting themselves at the border, U.S. asylum seekers can easily be spotted and targeted by criminal groups as potential victims.

In Tijuana, the threat of violence for migrants is so severe that Baja California state police have been going around to various migrant shelters giving presentations on how to avoid becoming a victim since the MPP program began.

Under the program, rolled out in January in Tijuana and then expanded across the U.S.-Mexico border, tens of thousands of U.S. asylum seekers have been returned to Mexico.

Immigration advocacy groups, attorneys and human rights organizations have been urgently warning the U.S. government that border cities are not safe places for asylum seekers to be forced to wait while their cases are processed.

The nonprofit group Human Rights First identified 636 publicly reported cases of “rape, torture, kidnapping and other violent assaults against asylum seekers and migrants forced to return to Mexico by the Trump administration.”

Of that, at least 138 cases involved children being kidnapped or nearly kidnapped in Mexico, according to a report by the group.

“The MPP fear screening process is a sham with interviews that have become increasingly cursory and adversarial resulting in the return of vulnerable and victimized asylum seekers to new dangers,” the report highlighted.

Sterger agreed.

“We are literally putting people’s lives at risk,” he said.

The attorney said that after the father and husband of the family was brutally slain, the mother ran to the border with her children, both younger than 10. She told border officers what happened and begged to be let into the United States.

Fry writes for the San Diego Union-Tribune.

 

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The Innovation Law Lab v. McAleenan travesty just keeps on killing, abusing, torturing, and dehumanizing every day. Encouraged by the 9th Circuit’s cowardly dereliction of duty and the Supremes evident lack of concern for the safety, lives, and human dignity of asylum seekers, the regime has taken it to a new level with fraudulent and illegal “Safe Third Country” agreements with the super dangerous Northern Triangle states, none of which has any semblance of a credible asylum adjudication system.

I guess the further way we can kill ’em, the more complacent the Article IIIs are going to be. “No blood on their spiffy black robes!” And, after all, it’s not them or their families being abused. and killed by the regime, so “What, me worry?”

Also, something to keep in mind the next time “Big Mac With Lies” appears on the “speaking circuit” to tout his many “accomplishments” at DHS.

I’m, glad Wendy reports on these continuing “crimes against humanity.” But, it must be tough being  on the “Watchdog & Accountability Team” in a system where complicit and complacent Federal Judges are unwilling to hold the regime accountable for their outrageously illegal and unconstitutional (not to mention unconscionable) behavior.

 

PWS

12-13-19

WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

Angelina Chapin
Angelina Chapin
Reporter
HuffPost
Jodi Goodwin, Esquire
Jodi Goodwin, Esquire
Immigration Attorney
Harlingen, TX

https://www.huffpost.com/entry/remain-in-mexico-policy-immigrant-kids_n_5deeb143e4b00563b8560c69

Angelina Chapin reports for HuffPost:

A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.

The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.

Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.

Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.

In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.

Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.

pastedGraphic.png

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.

HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?

Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.

The camp sounds completely unfitting for any human being, let alone children.

It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.

Are kids getting sick?

The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.

And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?

About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.

Any specific examples?

I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.

The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.

pastedGraphic_1.png

LOREN ELLIOTT / REUTERS

Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.

The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?

It’s way worse. I can’t with any confidence say that they will ever see their children again.

Why not?

I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.

With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.

Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?

It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?

It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.

Have you witnessed these separations firsthand?

In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.

I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.

Do you still think about those kids?

Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.

pastedGraphic_2.png

VERONICA CARDENAS / REUTERS

The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.

You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.

I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.

I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.

Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?

There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.

This interview has been lightly edited for length and clarity.

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

I’m with you, Jodi!  Thanks for your dedication to justice for the most vulnerable!

What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.  

Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.

Where’s the accountability? Where’s the outrage? Where’s our humanity?

We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ

Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”

We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!

Constantly Confront Complicit Courts 4 Change!
Due Process Forever; Complicit Courts Never!

PWS

12-10-19

BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

NY to begin issuing driver’s licenses to undocumented immigrants<https://www.newsday.com/news/nation/immigrants-driver-s-licenses-new-york-1.39283599>

Newsday: The Green Light Law also allows new kinds of records to be used by immigrants to apply for licenses. These include an unexpired passport from another country, an unexpired identification number from a consulate, and a foreign driver’s license that is valid or expired for less than 24 months. If an applicant doesn’t have a Social Security number, they need to sign an affidavit that they hadn’t been issued one. Even the federal government would need a court order to obtain these records. The law requires that most of the records to eventually be destroyed, and supporters expect that would happen before court orders could be issued. The documentation is specifically identified as not being a public record under the law.

Justices Lean Toward Broader Review of Deportation Orders<https://news.bloomberglaw.com/us-law-week/justices-lean-toward-immigrants-over-deportation-review>

Bloomberg: Justices from both the conservative and liberal wings of the court aggressively questioned the government’s attorney in a case examining what immigration decisions are reviewable in federal court.

More immigration judges to be assigned to cases at tent facilities<https://amp.cnn.com/cnn/2019/12/06/politics/immigration-court-judges-remain-in-mexico/index.html>

CNN: As of mid-September, there were 19 judges from three separate immigration courts in Texas hearing cases. But the latest expansion includes the use of immigration judges assigned to a center in Fort Worth, Texas, that is closed to the public, leaving little opportunity for people to observe hearings.

Inside the So-Called “Safe Third”—and Trump’s Latest Attack on Asylum-Seekers<https://msmagazine.com/2019/12/04/inside-the-so-called-safe-third-and-the-trump-administrations-latest-attack-on-asylum-seekers/>

Ms.: [Karen Musalo (CGRS)] recently returned from a human rights fact-finding trip with colleagues to El Salvador, and our findings illustrate the absurdity of a U.S. / El Salvador safe third country agreement.

Year In Review: The Most Significant Immigration Stories Of 2019<https://www.forbes.com/sites/stuartanderson/2019/12/09/the-most-disturbing-immigration-stories-of-2019/#74b86cac1302>

Forbes: The year 2019 produced many significant and, in some cases, tragic stories about immigrants, refugees and asylum seekers. The list is not comprehensive but focuses on those stories considered most important to remember.

North Dakota county may become US’s 1st to bar new refugees<https://abcnews.go.com/US/wireStory/north-dakota-county-uss-1st-bar-refugees-67579252>

ABC: If they vote to bar refugees, as expected, Burleigh County — home to about 95,000 people and the capital city of Bismarck — could become the first local government to do so since President Donald Trump issued an executive order making it possible.

Trump Has Built a Wall of Bureaucracy to Keep Out the Very Immigrants He Says He Wants<https://www.motherjones.com/politics/2019/12/trump-h1b-visa-immigration-restrictions/>

MJ: Even as President Donald Trump has complained about rules that prevent American companies “from retaining highly skilled and… totally brilliant people” from abroad, his administration has made sweeping changes to the H-1B program, denying visas to skilled immigrants, some who have been working in the United States for years. USCIS has been denying H-1B petitions at a record rate: 24 percent of first-time H-1B applications were denied through the third quarter of 2019 fiscal year, compared with 6 percent in 2015.

LITIGATION/CASELAW/RULES/MEMOS

Matter of O-S-A-F-<https://www.justice.gov/eoir/page/file/1224026/download>

(1) Torturous conduct committed by a public official who is acting “in an official capacity,” that is, “under color of law” is covered by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10, 1984, G.A. Res. 39/46, 39 U.N. GAOR Supp. No. 51, at 197, U.N. Doc. A/RES/39/708 (1984) (entered into force June 26, 1987; for the United States Apr. 18, 1988), but such conduct by an official who is not acting in an official capacity, also known as a “rogue official,” is not covered by the Convention.

(2) The key consideration in determining if a public official was acting under color of law is whether he was able to engage in torturous conduct because of his government position or if he could have done so without a connection to the government.

New Acting Court Administrator at New York – Varick Immigration Court

EOIR: Effective today, Paul Friedman is the Acting Court Administrator for the New York – Varick, Fishkill, and Ulster immigration courts. Paul is currently the Court Administrator for the Elizabeth Immigration Court in New Jersey. He will be splitting his time between the Elizabeth IC and the Varick IC each week.

Appeals court lifts some rulings blocking Trump ‘public charge’ rule for immigrants<https://www.politico.com/news/2019/12/05/trump-public-charge-immigrants-legal-076855>

Politico: A divided 9th Circuit panel clears away obstacles to a key administration immigration policy, but courts in other parts of the country [including SDNY] still have it on hold.

ACLU Files Lawsuit Challenging Programs that Rush Migrants Through Asylum Screenings Without Access to Attorneys in Border Patrol Facilities<https://www.aclutx.org/en/press-releases/aclu-files-lawsuit-challenging-programs-rush-migrants-through-asylum-screenings>

ACLU: The lawsuit states that the new programs – known as Prompt Asylum Claim Review (“PACR”) and the Humanitarian Asylum Review Process (“HARP”) – require the detention of asylum seekers in dangerous CBP facilities known as “hieleras” (or “iceboxes” for their freezing temperatures) with no meaningful way to obtain or consult with an attorney before their hearings.

Acevedo v. Barr Denied<https://law.justia.com/cases/federal/appellate-courts/ca2/17-3519/17-3519-2019-12-03.html>

Justia: The Second Circuit denied a petition for review of the BIA’s decision affirming the IJ’s determination that petitioner was removable and ineligible for cancellation of removal. The court held that petitioner’s conviction under New York Penal Law 110.00, 130.45 for attempted oral or anal sexual conduct with a person under the age of fifteen constitutes sexual abuse of a minor, and was therefore an aggravated felony under the Immigration and Nationality Act. The court explained that petitioner’s conviction under the New York statute did not encompass more conduct than the generic definition and could not realistically result in an individual’s conviction for conduct made with a less than knowing mens rea.

11th Circuit Defers to Matter of A-B-<https://immigrationcourtside.com/2019/12/04/11th-circuit-tanks-defers-to-matter-of-a-b-refugee-women-of-color-sentenced-to-potential-death-without-due-process-by-judges-elizabeth-l-branch-peter-t-fay-frank-m-hull/>

Courtside: The BIA concluded, based on recent precedent from the Attorney General, Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018), that Amezcua-Preciado’s proposed social group of “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the Immigration and Nationality Act (“INA”).

Typo/ambiguity in the new I-912 instructions for SIJS<https://www.uscis.gov/i-192>

Page 6 of the new I-912 instructions state: “If you are applying for adjustment of status or filing related forms based on SIJ classification, you are not required to complete Part 2. of Form I-912 or to show proof of income to request a fee waiver.” Part 2 is the biographical information. It is possible this is an error and USCIS meant Part 3, regarding income. If you have any test cases that won’t age out, spread the word on how this plays out.

USCIS Extension of Comment Period on Proposed Rule with Adjustments to Fee Schedule and Other Changes<https://www.aila.org/advo-media/submit-feedback-notices-requests-for-comment/84-fr-67243-12-9-19>

USCIS extension of the comment period on the proposed rule published at 84 FR 62280 on 11/14/19, which would significantly alter the USCIS fee schedule and make other changes, including form changes. Comments are now due 12/30/19. (84 FR 67243, 12/9/19) AILA Doc. No. 19120900

EOIR to Open New Immigration Court in Los Angeles<https://www.aila.org/infonet/eoir-to-open-new-immigration-court-in-los-angeles>

EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation. AILA Doc. No. 19120234

CBP Meets with Privacy Groups to Discuss Biometric Entry-Exit Mandate<https://www.aila.org/infonet/cbp-meets-with-privacy-groups-to-discuss-biometric>

On 12/3/19, CBP met with privacy groups to discuss its implementation of the congressional biometric entry-exit mandate and the protection of traveler privacy during the biometric facial comparison process at ports of entry. CBP has implemented this technology at more than 20 U.S. ports of entry. AILA Doc. No. 19120432

DOS Final Rule Clarifying Passport Regulations Regarding Applicants with Seriously Delinquent Tax Debt<https://www.aila.org/infonet/dos-84-fr-67184-12-9-19>

DOS final rule making a clarification to the regulations on passports regarding situations in which a passport applicant is certified by the Secretary of the Treasury as having a seriously delinquent tax debt. The rule is effective 12/9/19. (84 FR 67184, 12/9/19) AILA Doc. No. 19120932

USCIS 60-Day Notice and Request for Comments on Additional Proposed Revisions to Form I-290B<https://www.aila.org/advo-media/submit-feedback-notices-requests-for-comment/uscis-84-fr-66924-12-6-19>

USCIS 60-day notice and request for comments on proposed revisions to Form I-290B, Notice of Appeal or Motion. USCIS originally published this notice at 84 FR 39359 and decided to propose additional changes in this new 60-day notice. Comments are due 2/4/20. (84 FR 66924, 12/6/19) AILA Doc. No. 19120934

ICE Opening New Detention Facility in West Texas<https://www.aila.org/infonet/ice-opening-new-detention-facility-in-west-texas>

ICE announced that it is opening the Bluebonnet Detention Center in Anson, Texas, the week of December 9, 2019. The facility, which will be managed by Management and Training Corporation (MTC), will house about 1,000 ICE detainees as they await outcomes of their immigration proceedings or removal.

AILA Doc. No. 19120430

ICE Provides Guidance on the Phase-Out of the Interactive Scheduling System<https://www.aila.org/infonet/ice-provides-guidance-on-the-phase-out>

Obtained via FOIA, ICE provided the guidance to ICE staff regarding the phase-out of the Interactive Scheduling System and replacement by the DHS Portal to schedule Notices to Appear. The Portal replaced CASE-ISS as of August 2019. Special thanks to Aaron Hall. AILA Doc. No. 19120330

Update to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0xOTI_dXRtX3NvdXJjZT1yc3MtZmVlZCZ1dG1fY2FtcGFpZ249Rm9ybXMlMjBVcGRhdGVzIn0.igkmXB-R6v9goSblHb89LrAWdtcG83febe5H96Erz2U/br/72220790478-l>

Update to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. New Edition Dated Dec. 2, 2019.

Update to Form I-290B, Notice of Appeal or Motion. New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0yOTBiP3V0bV9zb3VyY2U9cnNzLWZlZWQmdXRtX2NhbXBhaWduPUZvcm1zJTIwVXBkYXRlcyJ9.BnD9VWQtxoxzTff9s58El_ZL4l5JOIv4hyGLDNNvDJE/br/72220790478-l>

Update to Form I-290B, Notice of Appeal or Motion. New Edition Dated Dec. 2, 2019.

Update to Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA). New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDMsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0xOTE_dXRtX3NvdXJjZT1yc3MtZmVlZCZ1dG1fY2FtcGFpZ249Rm9ybXMlMjBVcGRhdGVzIn0.9detMlYAc9qo9rwvtKBwQvFvEDlzTVJbDR2Bych15f0/br/72220790478-l>

Update to Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA). New Edition Dated Dec. 2, 2019.

RESOURCES

 *   Asylos<https://www.asylos.eu/>: Free country conditions database and individualized research.

 *   Practice Advisory: Strategies and Considerations in the Wake of Pereira v. Sessions<https://cliniclegal.org/resources/practice-advisory-strategies-and-considerations-wake-pereira-v-sessions>

 *   Practice Alert: Updates to the BIA Practice Manual<https://www.aila.org/infonet/practice-alert-updates-to-the-bia-practice-manual>

 *   USCIS Issues Policy Alert Regarding Fees for Submission of Benefits Requests<https://www.aila.org/infonet/uscis-issues-policy-alert-regarding-fees>

 *   GAO: Arrests, Detentions, and Removals, and Issues Related to Selected Populations<https://www.gao.gov/products/gao-20-36>

 *   New NY DMV Guidance<https://dmv.ny.gov/driver-license/driver-licenses-and-green-light-law> and license and permit guide<http://nysdmv.standard-license-and-permit-document-guide.sgizmo.com/s3/?_ga=2.197959914.472787525.1575669305-120439318.1520888742>

 *   DHS report on CBP detention of children and families<https://www.dhs.gov/sites/default/files/publications/fccp_final_report_1.pdf>

 *   FAQ: Federal Court’s Preliminary Injunction Restores Asylum Eligibility for Asylum Seekers Turned Back at Ports of Entry Before July 16, 2019<https://www.americanimmigrationcouncil.org/sites/default/files/other_litigation_documents/challenging_custom_and_border_protections_unlawful_practice_of_turning_away_asylum_seekers_faq.pdf>

 *   Human Rights Fiasco: The Trump Administration’s Dangerous Asylum Returns Continue<https://www.humanrightsfirst.org/sites/default/files/HumanRightsFiascoDec2019.pdf>

 *   Practice Pointer: CBP Transfer Notices for U Visa Petitions<https://asistahelp.org/wp-content/uploads/2019/11/Practice-Pointer_-Transfer-Notices-to-CBP.pdf>

 *   Forced Return to Danger: Civil Society Concerns with the Agreements Signed between the United States and Guatemala, Honduras, and El Salvador <https://www.lawg.org/wp-content/uploads/Forced-Return-to-Danger-STC-Civil-Society-Memo-12.4.19.pdf>

 *   Making Way for Corruption in Guatemala and Honduras<https://www.lawg.org/wp-content/uploads/LAWGEF-Guatemala-Honduras-memo-December-2019.pdf>

EVENTS

 *   12/10/19 Immigration Justice Campaign for a Free Webinar on Recent Attacks on Asylum<https://www.aila.org/about/announcements/join-ijc-for-free-webinar-recent-attacks-asylum>

 *   12/10/19 USCIS Invites Stakeholders to Teleconference on SIJ Classification Updates <https://www.aila.org/infonet/uscis-invites-stakeholders-teleconference-on-sij>

 *   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>

 *   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

 *   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>

 *   12/13/19 Walk-through of our latest Practice Advisory: Adjustment Applications of TPS Holders<https://secure.everyaction.com/Ehcp3tCeXkSu6MU8WxWOTw2?emci=458c6463-4518-ea11-828b-2818784d6d68&emdi=eb297b03-6318-ea11-828b-2818784d6d68&ceid=6058633&contactdata=fMDCB%2fqMqZ3aN7qEu%2bEEOZ%2f2u0bt1aESH09dm5dECnvlpUiBkFdYswuRXlQCtzzyIpgKxImxdeQKGFsR9FmfW5bEKkiDV4xpC%2brHKTjalyc7w16jw%2bSgJg5GHlK0kroKZ05AP0aHGbsGnYQCk2EX70whLDCxYaRq%2f0jgrAKy3hBelwcS%2fB5nvMSmoeNxg%2f83NHhP5SSrMwjY6MHa0O9UbSCevL%2frb%2fQ2w9N1BEtsFNwULTT1RpAXYa1Axo%2fAcXRktUZ3InKJH5jCw7olAZDtDVKQemN6U%2fzkwURRNhwT4S32Y5xzNEB9X0qfvoiUKvxe>

 *   12/16/19 Census 101: Energizing and Mobilizing NYC Nonprofits to Get Out The Count<https://docs.google.com/forms/d/1rryroN2pG2kYUew8H3e8zCTyLRsqnyrB1o9RQ1e8L6s/edit>

 *   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

 *   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>

 *   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>

 *   12/20/19 Census 101: Energizing and Mobilizing NYC Nonprofits to Get Out The Count<https://docs.google.com/forms/d/1rryroN2pG2kYUew8H3e8zCTyLRsqnyrB1o9RQ1e8L6s/edit>

 *   2/6/20 Basic Immigration Law 2020: Business, Family, Naturalization and Related Areas<https://www.pli.edu/programs/basic-immigration-law?t=live>

 *   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>

 *   2/28/20 5th Annual New York Asylum and Immigration Law Conference

 *   7/23/20 Defending Immigration Removal Proceedings 2020<https://www.pli.edu/programs/defending-immigration-removal?t=live>

ImmProf

Sunday, December 8, 2019

 *   Music Break: Watch Lin-Manuel Miranda’s Stunning Video: “Immigrants (We Get the Job Done)”<https://lawprofessors.typepad.com/immigration/2019/12/music-break-watch-lin-manuel-mirandas-stunning-new-video-for-immigrants-we-get-the-job-done.html>

 *   Ninth Circuit Stays Injunction of Trump Public Charge Rule<https://lawprofessors.typepad.com/immigration/2019/12/ninth-circuit-stays-injunction-of-trump-public-charge-rule.html>

 *   Trump is trying to make it too expensive for poor American immigrants to stay<https://lawprofessors.typepad.com/immigration/2019/12/trump-is-trying-to-make-it-too-expensive-for-poor-american-immigrants-to-stay.html>

Saturday, December 7, 2019

 *   Immigrants’ access to legal assistance further diminished by EOIR memo<https://lawprofessors.typepad.com/immigration/2019/12/the-justice-department-recently-issueda-policy-memo-that-would-limit-immigrants-ability-to-rely-on-friends-of-the-court-for-l.html>

 *   Immigration Article of the Day: Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization by Nermeen Arastu<https://lawprofessors.typepad.com/immigration/2019/12/immigrtaion-article-of-the-day-aspiring-americans-thrown-out-in-the-cold-the-discriminatory-use-of-f.html>

Friday, December 6, 2019

 *   Your Playlist: Luba Dvorak<https://lawprofessors.typepad.com/immigration/2019/12/your-playlist-luba-dvorak.html>

 *   Workplace Immigration Inquiries Quadruple Under Trump<https://lawprofessors.typepad.com/immigration/2019/12/workplace-immigration-inquiries-quadruple-under-trump.html>

 *   Inside the Cell Where a Sick 16-Year-Old Boy Died in Border Patrol Care<https://lawprofessors.typepad.com/immigration/2019/12/inside-the-cell-where-a-sick-16-year-old-boy-died-in-border-patrol-care.html>

 *   From the Bookshelves: The Ungrateful Refugee: What Immigrants Never Tell You by Dina Nayeri (2019)<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-the-ungrateful-refugee-what-immigrants-never-tell-you-by-dina-nayeri-2019.html>

Thursday, December 5, 2019

 *   Russian Finds Inventive Way to Swindle Migrants<https://lawprofessors.typepad.com/immigration/2019/12/russian-finds-inventive-way-to-swindle-migrants-.html>

 *   Immigration Article of the Day: Becoming Unconventional: Constricting the ‘Particular Social Group’ Ground for Asylum by Fatma E. Marouf<https://lawprofessors.typepad.com/immigration/2019/12/immigration-article-of-the-day-becoming-unconventional-constricting-the-particular-social-group-grou.html>

 *   University-Wide Scholarship Program for Displaced Students<https://lawprofessors.typepad.com/immigration/2019/12/university-wide-scholarship-program-for-displaced-students.html>

 *   Joseph A. Vail Asylum Law Workshop<https://lawprofessors.typepad.com/immigration/2019/12/joseph-a-vail-asylum-law-workshop.html>

 *   New Report Based on 3,000 Legal Screenings of Undocumented Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/new-report-based-on-3000-legal-screenings-of-undocumented-immigrants.html>

 *   From the Bookshelves: They Came to Toil: Newspaper Representations of Mexicans and Immigrants in the Great Depression by Melita M. Garza<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-they-came-to-toil-newspaper-representations-of-mexicans-and-immigrants-in-the-g.html>

 *   Music Break: Rapper Rich Brian gets vulnerable about his Asian identity, immigration story<https://lawprofessors.typepad.com/immigration/2019/12/music-break-rapper-rich-brian-gets-vulnerable-about-his-asian-identity-immigration-story.html>

Wednesday, December 4, 2019

 *   Looking for Exam Inspiration?<https://lawprofessors.typepad.com/immigration/2019/12/looking-for-exam-inspiration-.html>

 *   GAO Report: Immigration-Related Prosecutions Increased from 2017 to 2018 in Response to U.S. Attorney General’s Direction<https://lawprofessors.typepad.com/immigration/2019/12/gao-report-immigration-related-prosecutions-increased-from-2017-to-2018-in-response-to-us-attorney-generals-direction.html>

 *   Peter Margulies: Court Issues Preliminary Injunction Against President Trump’s Ban on Uninsured Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/peter-margulies-court-issues-preliminary-injunction-against-president-trumps-ban-on-uninsured-immigr.html>

 *   ICE bought state driver’s license records to track undocumented immigrants<https://lawprofessors.typepad.com/immigration/2019/12/ice-bought-state-drivers-license-records-to-track-undocumented-immigrants.html>

 *   “Building a Wall Out of Red Tape” from PRI/The World<https://lawprofessors.typepad.com/immigration/2019/12/pris-building-a-wall-out-of-red-tape.html>

 *   How McKinsey Helped the Trump Administration Detain and Deport Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/how-mckinsey-helped-the-trump-administration-detain-and-deport-immigrants.html>

 *   Immigration Article of the Day: Faithful Execution: Where Administrative Law Meets the Constitution by Evan D. Bernick<https://lawprofessors.typepad.com/immigration/2019/12/immigration-article-of-the-day-faithful-execution-where-administrative-law-meets-the-constitution-by.html>

Tuesday, December 3, 2019

 *   From the Bookshelves: Perchance to DREAM: A Legal and Political History of the DREAM Act and DACA by Michael A. Olivas<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-perchance-to-dream-a-legal-and-political-history-of-the-dream-act-and-daca-by-m.html>

 *   Unprecedented: Trump Is First to Use PATRIOT Act to Detain a Man Forever<https://lawprofessors.typepad.com/immigration/2019/12/unprecedented-trump-is-first-to-use-patriot-act-to-detain-a-man-forever.html>

 *   El Sueño Americano | The American Dream: Photographs by Tom Kiefer<https://lawprofessors.typepad.com/immigration/2019/12/el-sue%C3%B1o-americano-the-american-dream-photographs-by-tom-kiefer.html>

 *   SCOTUSblog: Argument preview for Guerrero-Lasprilla v. Barr and Ovalles v. Barr<https://lawprofessors.typepad.com/immigration/2019/12/scotusblog-argument-preview-for-guerrero-lasprilla-v-barr-and-ovalles-v-barr.html>

 *   César Cuauhtémoc García Hernández: Abolish Immigration Prisons<https://lawprofessors.typepad.com/immigration/2019/12/c%C3%A9sar-cuauht%C3%A9moc-garc%C3%ADa-hern%C3%A1ndez-abolish-immigration-prisons-.html>

 *   History of United States Immigration Laws<https://lawprofessors.typepad.com/immigration/2019/12/history-of-united-states-immigration-laws.html>

Monday, December 2, 2019

 *   From the Bookshelves: Border Wars by Julie Hirschfield Davis and Michael D. Shear<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-border-wars-by-julie-hirschfield-davis-and-michael-d-shear.html>

 *   Is OPT in peril? Colleges sign amicus brief opposing end of OPT<https://lawprofessors.typepad.com/immigration/2019/12/is-opt-in-peril.html>

 *   A Fact Worth Remembering: Half of Undocumented Immigrants are Visa Overstays<https://lawprofessors.typepad.com/immigration/2019/12/a-fact-worth-remembering-half-of-undocumented-immigrants-are-visa-overstays.html>

 *   Immigration in Pop Culture: ICE Raid on “Shameless”<https://lawprofessors.typepad.com/immigration/2019/1

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

The item about the BIA’s atrociously wrong CAT interpretation in Matter of O-F-A-S-, the results of the Musalo visit to El Salvador, the continuing “go along to get along” with Trump’s legal abuses in immigration by gutless panels of the 9th & 11th Circuits in City & County of San Francisco and AMEZCUA-PRECIADO, respectively, and the expansion of lawless “Tent Courts” by EOIR ought to outrage every American.

On the flip side, the possibility that the Supremes will finally stiff the Regime’s bogus arguments for limiting or eliminating judicial review of final orders of removal and the new ACLU suit about the Regime’s unlawful schemes to prevent attorney access for asylum seekers provide at least some hope of better days to come for the “Good Guys of the Resistance.”  

Thanks, Elizabeth, for keeping the NDPA informed!

PWS

12-10-19

AS ARTICLE III JUDGES SHIRK DUTIES, EMBOLDENED EOIR RAMPS UP ASSEMBLY LINE JUSTICE IN TENT CITIES WHILE PLOTTING TO BAR PUBLIC FROM VIEWING THEIR LATEST ASSAULTS ON DUE PROCESS!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

 

Priscilla Alvarez reports for CNN:

More immigration judges to be assigned to cases at tent facilities

By Priscilla Alvarez, CNN

Updated 7:13 AM EST, Fri December 06, 2019

(CNN)More immigration judges will begin conducting hearings over video conferencing at tent courts along the US-Mexico border, raising concerns among lawyers about transparency in the immigration process.

Earlier this year, the Trump administration erected facilities in Laredo and Brownsville, Texas, to serve as makeshift courts for migrants seeking asylum in the United States who have been returned to Mexico until their court date. The judges in these cases are not at the tent facility but preside by teleconference from other immigration courts several miles away.

As of mid-September, there were 19 judges from three separate immigration courts in Texas hearing cases. But the latest expansion includes the use of immigration judges assigned to a center in Fort Worth, Texas, that is closed to the public, leaving little opportunity for people to observe hearings.

“I’m just very concerned that there will be no public access to these hearings. And hearings will be operating in secret, without any transparency and notice to the public,” said Laura Lynch, senior policy counsel at the American Immigration Lawyers Association.

US court proceedings are generally open to the public.

Adjudication centers serve as a hub for immigration judges who beam into courtrooms remotely to hear cases. There are two — one in Fort Worth and another in Falls Church, Virginia. Neither is open to the public.

Immigration judges assigned to the Fort Worth Immigration Adjudication Center are expected to begin hearing cases of migrants who fall under the administration’s “Migrant Protection Protocols” program via video teleconference in January 2020, according to the Justice Department’s Executive Office for Immigration Review, which oversees the nation’s immigration courts.

“Public access to hearings is governed by regulation, and EOIR’s process and policies surrounding the openness of hearings have not changed,” said EOIR spokeswoman Kathryn Mattingly.

Lynch said some attorneys representing migrants who have been waiting in Mexico for their court date began receiving notices of judges from the Fort Worth center assigned to their cases in late November. The immigration judges’ union has also taken issue with the use of the center.

“MPP is rife with issues but by assigning the adjudication centers to the tent courts takes us to a new low where public access to the court are now eliminated,” said Judge Ashley Tabaddor, president of the National Association of Immigration Judges. “This is not the way we as judges or courts should function.”

The process has already presented lawyers with a host of logistical challenges and some anticipate those will worsen as immigration judges assigned to adjudication centers begin hearing cases.

Currently, advocates and legal observers have been able to monitor proceedings from three immigration courts in Texas: Harlingen, San Antonio and Port Isabel.

US Customs and Border Protection said in a statement to CNN that access to the Laredo and Brownsville hearing facilities, which are located on the agency’s property, “will be assessed on a case-by-case basis when operationally feasible and in accordance with procedures for access to any CBP secure facility.”

Around 60,000 migrants have been subject to the administration’s policy that requires some migrants to wait in Mexico for the duration of their immigration proceedings. Given that they’re residing in Mexico, immigration lawyers based in the US have limited access to them, particularly in dangerous regions. Only a small share of migrants in the program have secured representation, according to Syracuse University’s Transactional Records Access Clearinghouse, which tracks court data and released a report on access to attorneys this summer.

Some in the legal community argue that access to the tent facilities, not just the immigration courts where the judges are located, is important for that reason — to give lawyers the opportunity to connect with migrants who may need legal representation and explain the process. It’s equally important, lawyers argue, that people be allowed to observe the proceedings.

“Without the public being able to see what’s been going on in these hearings, the public has no assurance that people are being given proper due process and proper shot at fighting their asylum case,” said Erin Thorn Vela, a staff attorney in the racial and economic justice program at the Texas Civil Rights Project.

 

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

Wow! Secret Courts sentencing folks to torture or death without lawyers, adequate notice, time to prepare, or any consistent application of reasonable rules. Sounds like the “Star Chamber.” Is that why we fought the American Revolution? To create our own version of the worst abuses of the Crown? Apparently.

 

As American justice and the rule of law go down the tubes, the Supremes and the Circuits have become “disinterested observers,” at best.

Thanks to Laura Lynch at AILA for forwarding this latest example of judicial irresponsibility.

Constantly Confront Complicit Courts 4 Change!

Due Process Forever!

PWS

12-06-19

CHAOS AT THE BORDER: How Trump’s Judicially-Enabled Unlawful Assault On Our Legal Asylum System Has, Predictably, Created More Chaos At The Border – Complicit Courts Endangering Lives, National Security!

 

Astrid Galvan
Astrid Galvan
Immigration & Border Correspondent
Associated Press

https://apple.news/ANGgA3Y1lT8yAzFh8EpcGeQ

 

Astrid Galvan reports for the Associated Press:

PHOENIX (AP) — For months, asylum seekers have been prohibited from filing their claims at U.S. border crossings under a much-criticized Trump administration policy. Now some are sprinting down vehicle lanes or renting cars to try to make it inside the U.S.

The migrants’ efforts are causing traffic delays at Arizona crossings because U.S. Customs and Border Protection officials had to barricade lanes used by cars legally entering the U.S. from Mexico, officials said.

Advocates say many have become desperate after waiting for months to legally ask for asylum, often in poor conditions and while facing threats of kidnapping, extortion and violence south of the border.

Shoppers, teachers and visitors traveling to the U.S. through Nogales, Mexico, endured up to five-hour waits Monday and over the weekend, causing concerns among local officials whose tax base relies on Mexican shoppers, especially during the holiday season.

In a statement, Customs and Border Protection said it’s committed to the safety of border crossers, adding that there’s been an increase of incursions through vehicle lanes “by asylum seekers attempting to evade established entry processes.”

“These tactics interfere with CBP officers conducting their responsibilities and exacerbates wait times for daily commuters,” the agency said in a statement. “CBP will not allow ports to be overrun, or unauthorized entry.”

The traffic jams could hurt sales at stores in Nogales, Arizona that depend on Mexican shoppers during the holiday season, said Mayor Arturo Garino.

Garino, a part-time teacher, said some students and teachers who live in Mexico but attend and work at schools across the border in the U.S. have been leaving their homes as early as 5 a.m. to arrive on time.

Garino said Mexican authorities were not doing enough to stem the problem. The Arizona Daily Star reported the Nogales, Sonora, police officers were checking cars headed north to the border on Monday afternoon.

The metal barricades are large and are meant to seal off traffic lanes.

About 3,000 migrants are living in Nogales, Mexico as they wait their turns to seek asylum, said Katie Sharar, communications director for the Kino Border Initiative, a religious-based group that provides meals to needy migrants on the Mexican side of the border.

Under a policy by the Trump administration known widely as “metering,” the asylum-seekers must wait in an unofficial line in Mexico until U.S. authorities call them up in a process that usually lasts several months.

Another policy, colloquially known as “Remain in Mexico,” requires asylum seekers to return to Mexico after they have made credible fear claims to justify their asylum requests and wait there while their immigration cases are pending.

“I think there’s just a lot of desperation and uncertainty. They don’t know what’s happening to them, they don’t know how the policy changes are gonna affect them,” Sharar said.

Sharar said she wasn’t familiar with the migrants who have run through vehicle lanes.

Customs and Border Protection did not respond to email and phone messages regarding questions about the migrants who rushed the border, what countries they come from and whether they were detained or faced criminal charges.

Arizona Gov. Doug Ducey, a Republican, said his first concern is public safety and that he is confident U.S. officials will resolve the border traffic problems.

Associated Press writer Bob Christie in Phoenix contributed to this report.

 

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

The Trump Regime was faced with a potentially very manageable situation. The solution was straightforward. Encourage asylum applicants to present themselves at the border for fair, prompt, and orderly processing as required by law.

 

Those who passed “credible fear” and who had no serious criminal record could be released in coordination with pro bono organizations whose representation would both help insure a high appearance rate and due process in the Immigration Courts. Money currently being wasted on “the Wall,” unnecessary and inhumane detention, and avoidable litigation could be “repurposed” as grants to communities and NGOs to secure their assistance in placement and orderly, lawful processing of asylum applicants. It could also be used to fund or rehire additional qualified Asylum Officers (not Border Patrol Agents) to process credible fear claims.

 

Meanwhile, those found to have “no credible fear” after a fundamentally fair process could be returned to their home countries or some suitable “alternative placement” in a third country in a timely, orderly, and humane manner in accordance with existing law.

 

Instead, the Trump Administration’s unlawful attacks on asylum laws and their war on Due Process and the pro bono community have been facilitated by complicit Federal Courts that have failed to stand up for Due Process and the rule of law.

 

This is likely to be just another phase of the chaos. With the U.S. asylum system essentially “repealed without legislation” individuals needing protection will be assisted by professional smugglers in avoiding the U.S. legal system by entering illegally, evading apprehension (rather than turning themselves in as had been the case), and losing themselves in the U.S.

 

It is also possible that the Administration’s fraudulent “Safe Third Country” agreements with Northern Triangle governments eventually will succeed in further destabilizing those countries so that they simply collapse, creating even more refugees.

 

White Nationalism, the “malicious incompetence” that accompanies it, and judicial complicity in the face of tyranny are nothing short of a prescription for a continuing and escalating national and international humanitarian disaster. We were forewarned.

 

PWS

12-05-19

 

 

“LET ‘EM DIE IN MEXICO” UPDATE: SAN DIEGO IMMIGRATION JUDGES STAND UP AGAINST TRUMP REGIME’S LAWLESS BEHAVIOR — Elsewhere Along The Border, Most Judges Appear To “Go Along To Get Along” With White Nationalist Agenda!

Alicia A. Caldwell
Alicia A. Caldwell
Immigration Reporter
Wall Street Journal

https://apple.news/A8ArjPBJHQmSHq_XVgoRjKw

Alicia A. Caldwell reports for the WSJ:

U.S.

Judges Quietly Disrupt Trump Immigration Policy in San Diego

Immigration court terminates more than a third of ‘Remain in Mexico’ cases

SAN DIEGO—Immigration judges in this city are presenting a challenge to the Trump administration’s policy of sending asylum-seeking migrants back to Mexico, terminating such cases at a significantly higher rate than in any other court, according to federal data.

Between January and the end of September, immigration judges in San Diego terminated 33% of more than 12,600 Migrant Protection Protocols cases, also known as Remain in Mexico, according to data collected by the Transactional Records Access Clearinghouse at Syracuse University.

Judges in El Paso, Texas, the busiest court hearing MPP cases, terminated fewer than 1% of their more than 14,000 cases.

The nine San Diego judges have repeatedly ruled that asylum seekers waiting in Mexico weren’t properly notified of their court dates or that other due process rights were violated.

The high rate of dismissals is undermining the Trump administration’s goal of quickly ordering the deportation of more illegal border crossers who request asylum, including those who don’t show up from Mexico for their court hearings.

The effect is more symbolic than practical. Such a decision doesn’t mean a migrant is allowed to stay in the U.S., even if they show up for their court hearing. Instead, it saves them from being banned from coming to the country for 10 years and makes it tougher for the government to charge them with a felony if they cross the border illegally in the future. Those whose case is dismissed when they aren’t in court might not even know about the decision unless they call a government hotline.

Spokespeople for Customs and Border Protection, which carries out MPP at the border, and the Department of Homeland Security didn’t respond to requests for comment.

However, Immigration and Customs Enforcement, whose lawyers represent the government in immigration Court, have filed an appeal with a Justice Department panel. The appeal questions whether judges who terminate cases for migrants who don’t show up in court made a mistake.

A spokeswoman for the Executive Office for Immigration Review, the immigration court’s parent agency, said immigration judges don’t comment on their rulings.

Denise Gilman, an immigration lawyer and director of the immigration clinic at the University of Texas School of Law in Austin, said the high number of dismissals in San Diego sends a message that judges there believe many government’s cases don’t meet minimum legal standards.

That stands in contrast to immigration judges elsewhere, experts and advocates said.

“Everywhere but in San Diego, [judges] are going with the flow,” said Aaron Reichlin-Melnick, a lawyer and policy analyst with the American Immigration Council, which opposes the Trump administration’s border policies.

Immigration judges are unlike most other judges in that they are civil servants, neither appointed nor elected. In civil courts, some jurisdictions are known as more plaintiff- or defendant-friendly. Some federal appeals courts skew left or right, but most don’t rule so frequently on a single policy as immigration judges on MPP.

The Trump administration has sent more than 55,000 asylum-seeking migrants to Mexico to await court hearings under MPP. Migrants were first turned back in January, and through the end of September, just over 5,000 have been ordered deported. Eleven were granted some sort of relief, including asylum, according to TRAC.

Over two recent days in San Diego, multiple judges made clear that they had concerns about Remain in Mexico program as they dismissed cases.

Judge Scott Simpson terminated cases for a family of three from Honduras after ruling that the government violated their due process rights by not properly filling out their notice to appear. As a result, he said, the migrants didn’t know the grounds on which they could fight their case.

“I found that the charging document was defective on a technicality,” Judge Simpson explained to Belma Marible Coto Ceballos and her two children. “It just means that your court case is over.”

MORE ON IMMIGRATION

Bipartisan House Deal Opens Path to Citizenship for Illegal Immigrant Farmworkers

Immigrant-Visa Applicants Required to Show They Can Afford Health Care

U.S. Immigration Courts’ Backlog Exceeds One Million Cases

New Trump Administration Rule Will Look at Immigrants’ Credit Histories

Ms. Coto quietly nodded as she listened to an interpreter before her attorney, Carlos Martinez, objected to the government’s plan to send the family back to Mexico while it appeals the termination. She and her children are afraid to return, Mr. Martinez explained, after Ms. Coto was assaulted in Tijuana.

Judge Simpson said he didn’t have the authority to keep the family in the U.S., but sought assurances that authorities would interview Ms. Coto about her fears of being sent back to Mexico.

During a separate hearing that same day, 10 MPP cases were closed by Judge Christine A. Bither, who also raised questions about the migrants’ addresses listed on government documents. She denied a government request to issue deportation orders in their absence.

Judge Simpson, meanwhile, repeatedly questioned how the government would update migrants in Mexico about their cases. Migrants routinely move between shelters or cities and don’t have a fixed address where they can receive mail.

He noted that migrants’ addresses are routinely listed on government documents as “domicilio conocido,” or general delivery in Spanish. In one case, he noted that “domicilio conocido” was misspelled for a migrant family that arrived late to the port of entry and missed the bus to immigration court. The government agreed to dismiss that case.

Write to Alicia A. Caldwell at Alicia.Caldwell@wsj.com

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

As noted in the article, the issues raised by the San Diego rulings are now before the Board of Immigration Appeals (“BIA”). Even if the BIA Appellate Immigration Judges “do the right thing” and reject the DHS appeal, I’m relatively sure that Billy Barr will change the result so that the DHS “wins” (and justice “loses”) no matter what the law says.

Larger question: a system where the biased prosecutor gets to hire and supervise the “judges” and then change the result if the individual nevertheless wins is obviously unconstitutional under the Fifth Amendment. So whatever happened to the Article III Courts whose job it is to uphold the Constitution and enforce the Bill of Rights against Executive overreach (which is exactly why the Bill of Rights was included in our Constitution)? Why are those gifted with life-tenure so feckless in the face of clear Executive tyranny?

Some Immigration Judges who lack life tenure and the other protections given to Article III judges are willing to stand up; those who are empowered so they can stand up instead stand by and watch injustice unfold every day in this fundamentally unfair system that is an insult to Constitutional Due Process, a mockery of justice, and a disgrace to their oaths of office!

Constantly Confront Complicit Courts 4 Change!

PWS

11

WHITE NATIONALIST ADMINISTRATION, CORRUPT BUREAUCRATS, FECKLESS FEDERAL JUDGES COMBINE TO COMMIT “CRIMES AGAINST HUMANITY” AGAINST LEGAL ASYLUM APPLICANTS UNDER “LET ‘EM DIE IN MEXICO” PROGRAM — “[R]eturning home would be suicide.”

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post

https://www.washingtonpost.com/world/the_americas/in-squalid-mexico-tent-city-asylum-seekers-are-growing-so-desperate-theyre-sending-their-children-over-the-border-alone/2019/11/22/9e5044ec-0c92-11ea-8054-289aef6e38a3_story.html

Kevin. Sieff reports for the WashPost:

November 22, 2019 at 3:43 p.m. EST

MATAMOROS, Mexico — In the middle of the largest refugee camp on the U.S. border — close enough to Texas that migrants can see an American flag hovering across the Rio Grande — Marili’s children had fallen ill.

Josue was 5. Madeline was 3. The small family was huddled together in a nylon camping tent with two blankets last week when the temperature sank to 37 degrees. The children started coughing, Marili said. Then their fingers and toes turned bright red. The camp’s doctor had begun to see cases of frostbite.

Like most of the roughly 1,600 asylum seekers at the informal camp, Marili and her children had crossed the border into the United States this summer only to be sent back to Mexico to await their asylum cases — part of a year-old U.S. policy called the Migrant Protection Protocols.

In recent weeks, dozens of parents have watched as their children, sleeping outside in the cold, have become sick or despondent. Many decided to get them help the only way they knew how — sending them across the border alone. As Josue and Madeline grew sicker, it was Marili’s turn to make a decision.

USAID helped set up microfinance in Guatemala. Now it’s funding illegal migration.

These cases illustrate the human toll of the Trump administration’s policy and suggest the United States, Mexico and the United Nations were unprepared to handle many of the unforeseen consequences.

Marili, fleeing gang violence in Honduras, knew that unaccompanied children were admitted into the United States without enduring the MPP bureaucracy and the months-long wait. The 29-year-old mother — who, like others here, asked not to be identified by her last name, for fear it could affect her asylum case — believed that returning home would be suicide. So she bundled up her children in all of their donated winter clothes and scrawled a letter to U.S. immigration officials on a torn piece of paper.

“My children are very sick and exposed to many risks in Mexico,” she wrote. “I don’t have any other way to get them to safety.”

She pressed the letter into Josue’s hand, she said, and pointed the children to three U.S. Customs and Border Protection agents in the middle of the Gateway International Bridge, the span across the Rio Grande that connects Matamoros to Brownsville, Tex.

“Josue told me, ‘Please don’t send us,’ ” Marili said, crying at the memory. “But as a mother, I knew it was the best decision for them.”

Then she sprinted to the bottom of the bridge and watched through the fence as her children turned themselves in, weeping and wondering when she would see them again, hoping they would find their way to her husband. He had entered the United States and applied for asylum before MPP was implemented. He was allowed to stay.

When they filed their asylum claim, they were told to wait in Mexico. There, they say, they were kidnapped.

In the past three weeks, migrants and aid workers say, at least 50 children have made the same crossing. The Washington Post interviewed the parents of 20 of them. On Tuesday morning, three more children were sent over. On Wednesday, another three. From tent to tent, families now talk openly about whether and when they will send their children.

More than 47,000 migrants have been sent back to Mexico since MPP started in January. Through September, 9,974 cases had been completed; only 11 migrants, or 0.1 percent, had received asylum, according to the Transactional Records Access Clearinghouse, or TRAC, a research center at Syracuse University.

“It’s becoming clear to us that this whole thing is a lie,” said Reyna, 38, who sent her 15-year-old daughter, Yoisie, across the border last week. “They tell us to wait and wait and wait, but no one here gets asylum.”

The Department of Homeland Security did not return calls seeking comment.

Asylum seekers began sleeping out in the wooded field here at the base of the international bridge in August. They receive no assistance from the United States or the United Nations. They rely instead on tents, clothing and food donated by a group of American retirees and medical attention from a nonprofit group whose one doctor sits under a blue tarp.

U.N. officials say they were told months ago that the migrants would be moved by the Mexican government to better conditions. It hasn’t happened.

“We started hearing about the situation, but we just didn’t have enough capacity to help,” said Dora Giusti, the head of child protection at UNICEF in Mexico. “And the Mexican government kept saying [the migrants] would be moved out of the state, so we were waiting to see if we could respond there.”

The U.N. refu­gee agency says border cities in Tamaulipas state, where Matamoros is located, “are among the most insecure and dangerous in the country, which has limited our actions on the ground.”

A 19-year-old Salvadoran woman wanted to reunite with her father in California. She was shot dead in Mexico.

The municipal government opened a shelter at an indoor basketball court last month. With a capacity of 300, it’s already full. It’s also miles from the bridge, making it more difficult for migrants to reach the border for their court dates, or to meet with pro-bono lawyers. Every day, the U.S. government sends dozens of migrants to Matamoros under MPP. They are taken directly to the encampment and often sleep outside until they find a tent.

The camp consists of hundreds of tents clustered together on a spit of sidewalk and a stretch of scrubland along the Rio Grande. There are only a few showers, so many people bathe and wash their clothes in the river. Once a dead cow floated by and became lodged next to the camp. Another time, the headless corpse of a man washed ashore.

A cold front settled here for three days last week. Immediately, children started getting sick.

Gabrielle, 15 — from San Pedro Sula, Honduras — started coughing. Sarai, 12 — also from Honduras, from Santa Rosa de Copan — was vomiting. Valeria, 5 — from the Honduran capital, Tegucigalpa — developed a fever and became despondent.

Global Response Management, the Florida-based nonprofit that runs the small medical clinic under the blue tarp, saw a surge in patients, most of them children. The most common cases were respiratory illnesses, said Megan Algeo, the doctor on call at the time. In one case, Algeo said, she persuaded U.S. immigration agents to admit a child for emergency care.

Elderly Mexicans are visiting their undocumented children in Mexico — with the help of the State Department

Parents in different parts of the camp decided it wasn’t fair to keep their children here. Some joined a Facebook group called Mothers in Search of Asylum to discuss their options and what would happen if their children crossed the border alone.

“I kept thinking, my daughter is going to die here,” said Blanca, Valeria’s mother.

They all had relatives in the United States. Their idea was to send their children to live with spouses, siblings, cousins while they waited in Matamoros to complete the asylum process. They worried about another cold front, or another flood (there was one in September), or cartel-sponsored kidnappings.

Gabrielle walked across the bridge alone, carrying a plastic bag with her asylum papers. Sarai went with a friend. Valeria and her sister, Anahi, 7, crossed together, holding hands.

All are now in shelters in different parts of the United States. Under U.S. policy, children who enter the country unaccompanied are taken into government custody until authorities can connect them with relatives to whom they can be released.

Glady Cañas, who runs Helping Them Triumph, one of the few humanitarian organizations at the camp, tries to persuade parents not to send their children alone.

“Why did you send your child?” she demanded of Israel, Gabrielle’s father.

Israel, 40, stared at the ground. They were standing in front of his blue tent.

“She was sick,” he said. “We were desperate. A child can’t wait here for a year like this.”

Cañas hugged him.

“I personally don’t agree with what they are doing,” she said later. “A child needs their parents. But when you look around here, you understand the desperation.”

Falling coffee prices drive Guatemalan migration to the United States

For many families here, the children — and the threats against them — were the reason they fled their countries in the first place.

Victor, 28, left El Salvador with his daughter, Arleth, now 10, after she was sexually assaulted by a man affiliated with a local gang. Victor pressed charges. He carries court documents and hospital records that substantiate the case in alarming detail. The man was sentenced to 12 years in prison for “sexual aggression of a minor,” one court transcript says.

As soon as he was sentenced, Victor said, gang members came after the family. In August, they fled.

Victor and Arleth were sent back to Matamoros on Aug. 28, before tents were available. They spent 15 days sleeping outside. Eventually, he found a job in a Chinese restaurant earning $7 per day. He saved up and bought a camping tent.

But after two months, Arleth was sick, vomiting all the time. Their tent had flooded twice in the rain. After her assault, she struggled to remain calm in large groups of people, and she hated walking across the camp to use one of the portable toilets.

Victor took her several times to the Doctors Without Borders nurse who came to the camp twice a week. But she never improved.

Their ancestors fled U.S. slavery for Mexico. Now they’re looking north again.

In late September, on Arleth’s 10th birthday, Victor bought her a cake and five candles. He asked someone in a neighboring tent to take a picture of them smiling.

When her health did not improve, Victor asked her what she thought of crossing alone.

“She told me: ‘Dad, I just want to be out of this place. I want to be in the United States,’ ” he said.

Lawyers working in the camp have recently become aware of the many parents choosing to send their children alone.

“These parents have been forced to consider an unthinkable choice — to save their children by sending them into the U.S. alone or to keep them in northern Mexico, where they will be exposed to severe illness, kidnapping, torture and rape,” said Rochelle Garza of the American Civil Liberties Union of Texas.

During the last week of October, Victor walked Arleth to the edge of the international bridge and watched her shuffle toward U.S. immigration agents.

“We had never been apart,” he said later, crying. “Her entire life, we had always been together. . . .

“People might hear what I did and think I’m a bad parent. But it’s the opposite. I did this for my daughter because we had no other choice to save her.”

For a week he didn’t hear from her. Then she called his mother back in El Salvador. She was at a government shelter somewhere in Texas. The details were hazy.

His mother recorded a message from daughter to father.

“Don’t worry, Dad. I’m okay,” she said. “I hope that soon you’ll be with me.”

He played the message over and over and cried.

“The truth is I don’t have much confidence that my case is going to work out,” he said. “I’m fighting it for her. But I don’t know.”

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

The Trump Administration response: Expand the “Let ‘Em Die In Mexico Program” to additional locations near Tucson, Arizona.

It’s a national disgrace unfolding before our eyes, getting worse every day!

PWS

11-23-19

WHILE LIFE-TENURED FEDERAL JUDGES CHICKEN OUT, FORMER ASYLUM OFFICER DOUG STEPHENS SPEAKS OUT IN NYT VIDEO EDITORIAL AGAINST JUDICIALLY-ENABLED NATIONAL DISGRACE OF “LET ‘EM DIE IN MEXICO” — “A former asylum officer says ‘remain in Mexico’ and other policies undermining asylum aren’t just racist, they’re illegal.”

Doug Stephens
Doug Stephens
Attorney
Former Asylum Officer

https://www.nytimes.com/2019/11/20/opinion/trump-asylum-remain-mexico-policy.html

By Doug Stephens

Mr. Stephens is a lawyer.

Video by Leah Varjacques and Taige Jensen

In the Video Op-Ed above, a former asylum officer reveals why he resigned: to protest President Trump’s policy requiring migrants to remain in Mexico while awaiting hearings.

Doug Stephens had been an asylum officer for two years. But two days and five interviews that resulted in sending asylum seekers back to danger shook him. He drafted a memo detailing his legal objections to the policy, and circulated it to 80 of his colleagues, his supervisors and a member of Congress. And then he quit.

Mr. Stephens is not the only asylum officer who has grappled with following orders. In interviews with a half-dozen current and former asylum officers across the country, The Times learned of individuals leaving their posts, requesting job transfers and falling into deep depression.

The right to asylum has been a cornerstone of international immigration law since the 1951 United Nations Convention Relating to the Status of Refugees. The United States, along with 144 other nations, made a commitment to protect those who arrive at our borders with “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”

To date, Mr. Trump’s remain in Mexico policy, officially known as one of the “Migrant Protection Protocols,” has left nearly 58,000 asylum seekers stranded in Mexico.

Doug Stephens, a lawyer, resigned his post as a Citizenship and Immigrations Services asylum officer in San Francisco in August.

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

See the video at the above link.

Doug “gets it,” and it didn’t take him long. My Georgetown Law students “got it.” They kept asking me how this could be happening when it seemed to be clearly illegal and a violation of the Fifth Amendment as well as international treaties.  

But, Chief Justice John Roberts and the majority of the Supremes don’t get it? A three-judge panel of the Ninth Circuit didn’t get it? The Ninth Circuit ruminates for months on a question that a District Judge already answered in short order and that most first year law students could figure out in a few minutes. Circuit Courts keep signing off on removal orders produced by a clearly unconstitutional “kangaroo court” system where applicants are denied a fair and impartial decision-maker and the Chief Prosecutor can and does reach in and change results favorable to the applicant that he doesn’t like? 

Something is wrong with this picture. And, it starts with intellectual corruption and cowardice at the highest levels of our Federal Judiciary.

Trump has never made any secret that he hates refugees and migrants for unconstitutional racial, ethnic, and political reasons, that he intends to keep them out, and that he really doesn’t care about the Constitution, due process (except for himself), the Refugee Act, or international norms. He has utter contempt for Federal Judges and for Congress.

He tried, with spectacular lack of success, to get Congress to change the immigration and refugee laws by holding “Dreamers” hostage. Failing, he just went ahead and plowed through the Refugee Act, the Fifth Amendment, and the UN Convention, harming and killing folks in his wake. Just like he illegally reprogrammed money to build an unneeded, yet politically significant, “wall” that Congress had pointedly refused to fund. Never let the law, the national interest, or democratic institutions get in the way of the Trump White Nationalist political agenda.

The Court’s response: Let’s look the other way, like we did in the “Travel Ban Case.” We’re sort of offended by your unpresidential conduct, but, hey, as long as it doesn’t affect us and our families we’ll just hope you’ll tone it down because we really don’t want to confront you. But, if you “double down” instead, we’ll pretend like it’s never happened. Oh, and by the way, perhaps we can help you heap further abuse on your “Dreamer hostages.” What’s a little more pain and suffering on kids that we can cover up with legal gobbledygook.

One of Trump’s biggest “dissings” of the Supremes: His Administration’s total disregard and effective overruling of the Supreme’s landmark INS v. Cardoza -Fonseca case requiring the Government to implement a generous interpretation of the “refugee” definition for asylum to conform to the plain language of the statute as well as the Congressional intent behind the Refugee Act. Donald Trump and his immigraton thugs don’t even recognize what “generosity” is, and he has basically wiped out the Refugee Act and its asylum provisions without any changes in the law. How’s that for contempt of Court!

Roberts can blabber his head off about whether there are “Obama Judges” or “Trump Judges.” But, actions speak louder than words; until he and his fellow GOP appointees on the Court actually stand up to Trump’s abuses of the law, his babbling will be drowned out by Trump’s tweets.

Trump’s not right about much. But, maybe he has a point in his contemptuously arrogant attitude that the Supremes and most Circuits won’t dare require him to follow the laws or operate within the Constitution, particularly as his continues to “pack” the Federal Courts with his guaranteed judicial toadies.

That’s going to be the legacy of the “Roberts Court” if our Chiefie doesn’t wake up some morning with a new backbone and start joining his liberal colleagues in putting some breaks on Trump’s outrageous scofflaw conduct in the immigration and asylum area and saving some innocent lives in the process.

And the process should start with emphatically rejecting the Solicitor General’s unethical and often factually  inaccurate and legally defective attempts to invoke the Supremes’ aid in short-circuiting the system any time the Big Baby Boss is upset with lower courts properly reigning in his illegal actions and making him follow the rules like everyone else.

Trump’s “malicious incompetence” often doesn’t accomplish much. He’s a divider, not a uniter.  He’s only President of his base. The majority of the Americans can just “go pound sand” as far as he’s concerned.

But one thing he might eventually unite Americans on, for differing reasons, is contempt for spineless Federal Courts who won’t stand up to tyranny. And, that won’t be good for the future of our Constituitional Republic.

Due Process Forever! Complicit Courts Never!

That’s why the “New Due Process Army” could be the last, best hope for American’s survival. Constantly Confront Complicit Courts 4 Change!  The “blood of the innocents” will be upon their spiffy robes if the “privileged life-tenured ones” don’t get out of their “ivory tower hazes” and have the guts to do their jobs!

PWS

11-20-19

GABE GUTIERREZ @ NBC NEWS: Here’s What “Let ‘Em Die In Mexico” Looks Like — The Systemic Failure Of The Supremes & The 9th Circuit To Hold Trump Administration Accountable For Dishonesty & Violating Statutory & Constitutional Rights Of Asylum Seekers In Multiple Contexts Has Human Consequences! — Encouraged By Feckless Appellate Judges, Corrupt DHS Officials Tout Benefits Of Endangering Lives Of Asylum Seekers As A “Deterrent!”

Gabe Gutierrez
Gabe Gutierrez
NBC News Correspondent
Atlanta, GA

https://www.nbcnews.com/news/latino/asylum-seekers-wait-mexico-trump-admin-touts-drop-border-apprehensions-n1086291

MATAMOROS, Mexico — The stench is overpowering. During the day, it seems to bake on the squalid concrete. At dawn, it seeps into the cool air — a suffocating mix of human waste and campfires.

Just steps from Brownsville, Texas, a makeshift tent city is growing next to the international bridge. More than 1,200 migrants — many from Mexico and Central America, others from Cuba — are waiting.

This year, the Trump administration enacted what it calls Migrant Protection Protocols, or MPP. Also known as the “Remain in Mexico” policy, it requires U.S. asylum-seekers to stay in that country while their claims are processed. Before MPP, families would be allowed to wait for their court hearings in the United States.

More than 55,000 migrants have been returned to Mexico under this policy, U.S. Customs and Border Protection officials said — and it’s become a bottleneck at the border.

“This is 100 percent a humanitarian crisis,” Jodi Goodwin, a Texas immigration attorney, said. “These policies are not implemented in a vacuum and there are very real human consequences.”

Carlos, from Honduras was among the migrants who spoke with NBC News and asked not to have his last name used for fear of reprisals. The 27-year-old said he’d been at the makeshift camp for four months with his 2-year-old epileptic son — and he’s struggled to find medical care.

“The most difficult part is when my son has convulsions and I’m alone in the tent,” he said. “It’s happened twice at night and I can’t do anything.”

“We’re sending a message”

According to CBP, apprehensions at the Southwest border have plummeted from 144,116 in May to 45,250 in October. That’s a 68 percent drop.

“Migrants can no longer expect to be allowed into the interior of the United States based on fraudulent asylum claims,” Mark Morgan, the acting commissioner of CBP, said at a White House briefing last week. “We’re sending a message to their criminal organizations to stop exploiting these migrants.”

The Trump administration has argued the change is working because in essence, the Remain in Mexico policy has served as a deterrent for migrants as well as human smugglers.

But immigrants advocates argue that claim is dubious and has merely increased desperation and fear on the Mexican side of the border.

In Matamoros, the Mexican government recently opened a shelter about a 30 minute walk from the international bridge in response to the influx of migrants. But many of the families refuse to stay there because they fear a growing threat from the cartels.

One man, Josué, told NBC News his two young daughters were sexually assaulted by a man he believes was a cartel operative. The girls had been washing themselves in the Rio Grande when he touched them, Josué said. He showed NBC News a police report he’d filed.

“Matamoros is controlled by the cartels and the bad people,” he said. “When I got here, I was really scared.”

So volunteers are taking action. Every day, a group called “Team Brownsville” is among those who bring food and supplies across the border.

As the sun begins to set, migrant families line up for a meal.

“It breaks my heart to see the need here,” said Mary Vanderhoof, a volunteer from New Jersey. “There’s no reason that people should be living like this.”

Sergio Córdova, one of Team Brownsville’s organizers, said he’s been coming here since the summer of 2018. What started as just a few migrants with donated cots has exploded into a full-blown tent city.

“How can you look away?” he asked. “Are we going to be a country that says ‘We looked away?’ Or did we do something?”

Follow NBC Latino on Facebook, Twitter and Instagram.

pastedGraphic.png

Gabe Gutierrez

Gabe Gutierrez is an NBC News Correspondent based in Atlanta, Georgia. He reports for all platforms of NBC News, including “TODAY,” “NBC Nightly News,” MSNBC and NBCNews.com.

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

Check out the video at the above link.

“How can you look away?” he asked. “Are we going to be a country that says ‘We looked away?’ Or did we do something?”

Sergio Cordova “gets it!” How come John Roberts and his tone-deaf “conservatives” who looked the other way at gross legal, Constitutional, and human rights abuses in East Side Sanctuary Covenant and the irresponsible judges on the Ninth Circuit panel that “greenlighted” these specific “designed to kill and abuse procedures” in Innovation Law Labs don’t?

How would anybody subjected to this type of cruel and inhuman treatment possibly be able to present their asylum case? Many, in fact, don’t even receive proper notice or timely access to their hearings, a fact patently obvious but ignored by the Ninth Circuit panel. Others shouldn’t even be in the program or receive knowingly “fake hearing notices” from a lawless DHS unleashed by feckless Federal Appellate Judges who won’t do their jobs.

Several U.S. Immigration Judges and a whole bunch of Asylum Officers have put their careers on the line to “just say no” to these outrages! What’s the excuse for the cowardly performance from those given the privilege of life tenure?

The grotesque derelictions of duty by the Supremes and the Ninth Circuit not only enable individual human rights abuses like these every day, but also their failure to require adherence to the Constitution, the Refugee Act, and our international obligations has emboldened the Administration to enter into totally fraudulent “Safe Third Country” agreements that will “orbit” asylum seekers to some of the most UNSAFE countries in the world, without credible asylum systems and without any procedures in place to guarantee their safety and fair treatment.

Due Process Forever! Complicit Federal Courts Never! Remember my “5Cs” — Constantly Confront Complicit Courts 4 Change! Make those who are trying to “look away” confront the legal mess and human carnage stemming every day from their irresponsibility and failure to stand up for justice for the most vulnerable among us.

PWS

11-20-20

THE  9th CIRCUIT’S DESCENT INTO THE LEGAL AND MORAL ABYSS OF TRUMPISM: With Court’s Aid, Trump Administration Helps Smugglers, Kidnappers, & Extorters in Mexico Target Hapless Asylum Seekers! – Can We As A Nation Get Any More Cowardly & Immoral? – This Is What Intellectually Corrupt Federal Judges Are Doing For Their Paychecks While The Innocent Suffer: “Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.”

Maria Verza
Maria Verza
Journalist
Associated Press

 

https://apple.news/A0kbZvXqkS_GkfZ67SldXDA

 

Maria Verza reports for the Associated Press:

 

 

Migrants stuck in lawless limbo within sight of America

The gangsters trawling Nuevo Laredo know just what they’re looking for: men and women missing their shoelaces.

Those are migrants who made it to the United States to ask for asylum, only to be taken into custody and stripped of their laces — to keep them from hurting themselves. And then they were thrust into danger, sent back to the lawless border state of Tamaulipas.

In years past, migrants moved quickly through this violent territory on their way to the United States. Now, due to Trump administration policies, they remain there for weeks and sometimes months as they await their U.S. court dates, often in the hands of the gangsters who hold the area in a vise-like grip.

Here, migrants in limbo are prey, and a boon to smugglers.

———

This story is part of an occasional series, “Outsourcing Migrants,” produced with the support of the Pulitzer Center on Crisis Reporting.

———

They recount harrowing stories of robbery, extortion by criminals and crooked officials, and kidnappings by competing cartels. They tell of being captured by armed bandits who demand a ransom: They can pay for illegal passage to the border, or merely for their freedom, but either way they must pay.

And then they might be nabbed again by another gang. Or, desperate not to return to the homes they fled in the first place, they might willingly pay smugglers again.

That’s what a 32-year-old Honduran accountant was contemplating. She had twice paid coyotes to help her cross into the U.S. only to be returned. Most recently, in September, she was sent back across the bridge from Brownsville to Matamoros.

Now, biding her time with her daughter in the city of Monterrey, she said one thing is for sure: “We are a little gold mine for the criminals.”

———

Tamaulipas used to be a crossroads. Its dangers are well known; the U.S. has warned its citizens to stay away, assigning it the same alert level as war-torn countries such as Afghanistan and Syria.

Whenever possible, migrants heading north immediately crossed the river to Texas or presented themselves at a U.S. port of entry to file an asylum claim, which would allow them to stay in the U.S. while their cases played out.

But the U.S. has set limits on applicants for asylum, slowing the number to a mere trickle, while the policy known colloquially as “Remain in Mexico,” has meant the return of more than 55,000 asylum-seekers to the country while their requests meander through backlogged courts.

The Mexican government is ill-prepared to handle the influx along the border, especially in Tamaulipas, where it has been arranging bus rides south to the relative safety of the northern city of Monterrey or all the way to the Guatemala border, citing security concerns — tacit acknowledgement, some analysts say, of the state of anarchy.

The gangs have adapted quickly to the new reality of masses of vulnerable people parking in the heart of their fiefdom, experts say, treating the travelers, often families with young children, like ATMs, ramping up kidnapping, extortion, and illegal crossings to extract money and fuel their empires.

“There’s probably nothing worse you could do in terms of overall security along the border,” said Jeremy Slack, a geographer at the University of Texas at El Paso who studies the border region, crime and migration in Mexico. “I mean, it really is like the nightmare scenario.”

———

Yohan, a 31-year-old Nicaraguan security guard, trudged back across the border bridge from Laredo, Texas, in July with his wife and two children in tow, clutching a plastic case full of documents including one with a court date to return and make their asylum claim to a U.S. immigration judge two months later.

Penniless, with little more than a cellphone, the family was entering Nuevo Laredo, dominated by the Northeast cartel, a splinter of the brutal and once-powerful Zetas gang.

This is the way he tells the story now, in an interview at a nonprofit in Monterrey that provides the family with shelter and food:

The plan was to call and ask help from the only people they knew in the area — the “coyotes,” or people smugglers, who earlier helped them cross the Rio Grande on an inflatable raft and had treated them well. Only that was in Ciudad Miguel Aleman, about a two-hour drive south parallel to the river.

On their way to the bus station, two strange men stopped Yohan while another group grabbed his loved ones. At least one of them had a gun. They were hustled into a van, relieved of their belongings and told they had a choice: Pay thousands of dollars for their freedom, or for another illegal crossing.

All along the border, there have abuses and crimes against migrants by Mexican organized crime, which has long profited off them. But Tamaulipas is especially troubling. It is both the location of most illegal crossings, and the state where the United States has returned the most asylum seekers — 20,700 through Nuevo Laredo and Matamoros as of early October.

The Mexico City-based Institute for Women in Migration, which tracks kidnappings of migrants and asylum-seekers, has documented 212 abductions in the state from mid-July through Oct. 15. And that’s surely an undercount.

Of the documented kidnappings in Tamaulipas, 197 occurred in Nuevo Laredo, a city of about 500,000 whose international bridges fuel the trade economy.

Yohan’s family was among them.

They had left Esteli in northwestern Nicaragua over three months earlier after armed, government-aligned civilian militias learned that Yohan had witnessed the killing of a government opponent, he said. They followed him and painted death threats on the walls of their home.

He is identified only by his middle name, because he and others quoted in this story fear for their lives and spoke to The Associated Press on condition of anonymity.

Yohan borrowed against his mother’s house to pay smugglers $18,000 for the family’s trip. But he had not bargained on the closed door at the border, or the ordeal in Nuevo Laredo, and his bankroll was depleted.

The men who grabbed the family “told us they were from the cartel, that they were not kidnappers, that their job was to get people across and that they would take us to the smuggler to explain,” Yohan said. Then they connected a cable to his cellphone to download its contents.

Yohan’s first instinct was to give the passphrase that his previous smugglers used to identify “their” migrants. “‘That doesn’t mean anything to us,’ one of them told me,” Yohan said — this lot belonged to a different group.

Gangs in Tamaulipas have fragmented in the last decade and now cartel cells there operate on a franchise model, with contacts across Mexico and Central America, said Guadalupe Correa-Cabrera, a political scientist specializing in organized crime, immigration, border security and human trafficking at George Mason University.

“They are contractors. They provide a service, control the territory, operate safe houses and charge for all that,” she said.

Yohan’s family was held in a series of what appeared to be private homes or offices, along with a family from El Salvador, two Cubans and two Mexicans. Everyone slept on the floor.

One captor, a 16-year-old, told him, “We have 15 smugglers, the cartel brings the people to us here and we take them across paying the cartel for the river crossing.”

The gang had been hiring lately: “Since the United States is deporting so many through here, we are capturing them and that has meant more work,” the teen told him. “We’re saturated.”

Initially the captors demanded $16,000. They gave Yohan and his wife a list of names and accounts; relatives were supposed to deposit $450 into each one without using companies seen as traceable by authorities.

But they were able to scrape together just $3,000, and that angered the gangsters.

“I’m going to give you to the cartel,” one shouted.

Then Yohan’s son came down with the mumps. The family got the captors to provide a bit of extra milk for him in exchange for his daughter’s little gold ring, but the boy wasn’t getting better and they abruptly released the family.

“They told us that the cartel doesn’t allow them to hold sick children,” Yohan said.

This is a matter of business, not humanity: A dead child could bring attention from the media, and then authorities, says George Mason’s Correa-Cabrera.

After 14 days captive and before leaving the safe house, Yohan was given a code phrase: “We already passed through the office, checking.” Only hours later they would need to use it. Arriving at the bus station, a group of strange men tried to grab them. Yohan spoke the six words in Spanish, and they were let go, and they went on to Monterrey.

On Sept. 22, Yohan’s family returned to Nuevo Laredo for their court date, bringing with them a report on the family’s kidnapping. Though U.S. law allows at-risk people to stay, they were sent back to the parking lot of a Mexican immigration facility, surrounded by seedy cantinas and watching eyes.

Mexican authorities organized bus transportation for those who wanted to return to their home countries. The family did not intend to go back to Nicaragua, so they asked the driver to leave them in Monterrey where they would await the next hearing.

After they were under way, the driver demanded $200. They couldn’t pay, so he dumped them about 60 miles (100 kilometers) from the city at 1 a.m., along with four others.

———

Unlike other border cities such as Tijuana or Ciudad Juarez, migrants and asylum seekers are rarely seen on the streets in Nuevo Laredo. Fear keeps them in hiding, and safety isn’t a sure thing even inside shelters. This summer pastor Aarón Méndez was abducted from the shelter he ran. He has not been heard from since.

Nor is it safe on the streets going to and from the station. A couple of months after Méndez disappeared, gunmen intercepted some people who were helping migrants make those trips; those being transported were taken away, and the helpers were told they would be killed if they persisted.

Kennji Kizuka, a researcher for New York-based Human Rights First, told of one woman who crossed into the U.S. for a hearing date, where she had to surrender her phone. While she was incommunicado for hours, calls were placed to relatives in the United States claiming she had been kidnapped and aggressively demanding a ransom.

“It’s clear that they have a very sophisticated system to target people,” Kizuka said.

In another instance, Kizuka said, cartel members were in the Nuevo Laredo office of Mexican migration, openly abducting asylum seekers who had just been sent back from the United States.

One woman hid in the bathroom with her daughter and called a local pastor for help; he tried to drive them away, but they were blocked by cartel members blocks way. The two were taken from the car and held by the gangsters, though they eventually were released unharmed.

A spokesperson for the Mexican foreign affairs secretary declined comment on allegations that Mexico cannot guarantee safety for immigrants returned from U.S.

U.S. Border Patrol officials said recently they are continuing to send asylum seekers back over the border, and that includes Nuevo Laredo. The number of people returned there has been reduced recently, but that was related to a decrease in migrants arriving at the border — and not violence in Tamaulipas.

In an interview, Brian Hastings, Border Patrol chief of law enforcement operations, told AP that officials didn’t see a “threat to that population” in Tamaulipas and “there was basically a small war between the cartel and the state police” there.

But the numbers indicate the danger is real.

As of August, Human Rights First had tabulated 100 violent crimes against returnees. By October, after it rolled out to Tamaulipas, that had more than tripled to 340. Most involved kidnapping and extortion. Kizuka said the danger is even greater than the numbers reflect because they are based solely on accounts his organization or reporters have been able to document.

Of dozens of people interviewed by AP who said they had been victimized in Nuevo Laredo, Reynosa, Matamoros and Monterrey, just one had filed a police report.

Kidnappings of migrants are not a new phenomenon. According to Mexico’s National Human Rights Commission, in just six months in 2009 nearly 10,000 migrants were abducted while passing through the country.

Back then the cartels were splintering amid a government policy targeting their top bosses, leading them to fight among themselves in the people-smuggling business to fill two needs: money and labor. Kidnapped migrants generally were told they could avoid being killed by either paying ransom or working for the cartel.

Tamaulipas became a bloody emblem of the problem in 2010 when 72 migrants were found slain at a ranch in San Fernando, and a year later when the bodies of 193 migrants were found in the same area in clandestine mass graves — apparently murdered by a cartel to damage a rival’s people-smuggling business.

Raymundo Ramos of the Nuevo Laredo Human Rights Committee said gangs today are more interested in squeezing cash from migrants: “They have to recover a lot of the money lost in those wars.”

President Andrés Manuel López Obrador has acknowledged that another massacre or escalation of violence is a major fear and has deployed more than 25,000 troops and National Guard agents to police people-trafficking in border regions and along smuggling routes. But all the accounts of violence in this account took place after that deployment.

———

Reynosa, a factory city of about 650,000, is the largest in Tamaulipas and home to some of the worst drug war violence. It’s also a key part of the migratory route and one of the busiest crossing points along with Ciudad Miguel Aleman.

Disputed by rival gangs, Reynosa has the feel of a place with invisible fences demarcating their territories, and numerous migrants said they had to pay to get past checkpoints at the main entrances to the city.

Lawyer and human rights worker Fortino López Balcázar said the gangs first took control of the river, attacking and beating migrants. Then they started grabbing them from bus stations, and then from the streets.

The airport is also tightly controlled.

A 46-year-old teacher from Havana recalled arriving with her 16-year-old son Aug. 13 by plane from Mexico City with the phone number for a taxi driver, provided by a lawyer who arranged their trip. As they drove into Reynosa, two other taxis cut the vehicle off. Two men got in, took away her cellphone and money and whisked them to a home that was under construction.

The lawyer “sold us out,” the woman said.

That night they were moved to a thicket near the Rio Grande where they were held captive in an outdoor camp for a week with dozens of others. They met another group of Cubans, who were also abducted shortly after flying into Reynosa: Several taxi and vans brazenly intercepted them in broad daylight, bringing traffic to a halt.

“It was as if we were terrorists and the FBI had swooped down on us,” one of the men said. He speculated they may have been betrayed by an airport immigration agent with whom they had argued over their travel documents.

López Obrador’s government has said the National Immigration Institute is one of Mexico’s most corrupt agencies. In early 2019 the institute announced the firing of more than 500 workers nationwide. According to a person with knowledge of the purge, Tamaulipas was one of four states where the most firings took place. Some worked in airports, others in the city of Reynosa.

In February the institute’s deputy delegate to the city was fired and accused of charging detained migrants over $3,000 to avoid deportation. Later new complaints surfaced of people being shaken down for $1,500 to be put at the top of wait lists to present claims in the United States.

At the riverside camp, the Cuban teacher was introduced to its “commander” who demanded “rent” and a fine for not traveling with a guide. The ransom was set at $1,000.

Previously the Cuban woman’s only exposure to the world of organized crime came from movies she watched on the illegal satellite TV hookup that caused her to run afoul of authorities back home. Now, they were witnessing things both terrifying and hard to understand.

There was the time a man tried to suffocate another with a plastic bag, or when the kidnappers, some barely in their teens, beat a “coyote” for working for a rival outfit. From what she was able to understand from the shouting, he had been kidnapped along with clients he was guiding and they wanted him to switch loyalties.

The captors at the thicket referred to themselves as “the corporation,” the teacher said. People came and went, some delivered by men in uniforms who may or may not have been police.

Edith Garrido, a nun who works at the Casa del Migrante shelter in Reynosa, said both crooked officers and criminals dressed as police — known as “black cops” or “the clones” — are mixed up in the racket, making the rounds of safe houses to buy and sell kidnap victims.

“They say ‘give me 10, 15, 25.’ They tell them they are going to take them to a safer place, and they give them to the highest bidder,” Garrido explained. “A migrant is money for them, not a person.”

The captors let the Cubans use their cellphones for a few hours to coordinate ransom payments with relatives, always small amounts to different bank accounts. Weeping, the teacher recalled how her 25-year-old daughter in Cuba had to pawn all her belongings.

After the ransom came through, the captors took her picture and she, her son and another woman were put in a taxi and driven off. The cabbie stopped the car along a highway, took her cellphone and said they could go.

She and her son now await their immigration court date in Reynosa, where she has found temporary construction work to pay for rent and food.

There’s not enough space for everyone at the shelters, so many rent rooms, and that demand has pushed prices up. It can range from $35 per person per month for a spot in a cramped five-person bedroom in a seedy area, to $300-$500 for a more secure home.

But nowhere is truly safe. Last month a family from El Salvador missed their turn to present themselves for U.S. asylum after a shootout erupted in the streets and they were afraid to leave their home.

Garrido said some pay protection fees so they are not bothered in their homes, while others rent directly from the gangs.

“So one way or another,” she said, “they make money.”

———

Associated Press writers Peter Orsi in Mexico City and Colleen Long in Washington contributed to this report.

 

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

Beyond disgusting! Profiles in Judicial and Executive cowardice (not to mention Congressional fecklessness) to be sure!

It all goes back to Innovation Law Lab v. McAleenan and a 9th Circuit panel that spoke legal gibberish rather than courageously standing up to the Trump Administration’s outrageously illegal behavior. Then, the full Ninth Circuit has compounded the problem by “sitting on the case” for months. In the meantime, folks are unnecessarily dying and being victimized by judicial abdication of duty.

 

PWS

11-18-19

 

ATTENTION NEW DUE PROCESS ARMY: A Call To Action By Professor Lindsay Muir Harris: “Speak out, ask questions, and take action. We cannot continue to sign off on these practices because they fundamentally undermine the human rights of asylum seekers, and, in turn, our own humanity.”

Professor Lindsay Muir Harris
Professor Lindsay Muir Harris
UDC Law

https://lawprofessors.typepad.com/immigration/2019/11/guest-post-lindsay-m-harris-silence-is-not-an-option-we-cannot-sign-on-to-new-asylum-policies.html

Friday, November 15, 2019

Guest Post: Lindsay M. Harris, Silence is Not an Option: We Cannot Sign On to New Asylum Policies

By Immigration Prof

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Silence is Not an Option: We Cannot Sign On to New Asylum Policies by Lindsay M. Harris

As I write, it is a Friday night. It’s been a busy week as an immigration lawyer. On Thursday, during a five-hour long interview at the asylum office, I received an important reminder on the price of silence.  The asylum officer asked my courageous client, a torture survivor, what she would do if she returned to her home country. Her response? “I cannot stay quiet. Staying silent is like putting your signature on the things that are happening. It is like saying they are OK. For as long as there is injustice against my people, I cannot stay quiet.”

And so, I cannot stay quiet. The attack on asylum seekers continues. Data obtained by journalists last week revealed that Customs and Border Protection officers are granting as low as 10% of the credible fear interviews they conduct. Perhaps this statistic sounds high to you. Bear in mind that the credible fear interview was designed to be a threshold screening interview, a “beep test” if you will, so that any asylum seeker who could establish a significant possibility of asylum eligibility would be allowed to move forward and present her case to an immigration judge.  The issue here is that CBP officers should not be conducting these interviews in the first place. Prior to June, only USCIS asylum officers, also part of the Department of Homeland Security, were allowed to conduct these highly sensitive interviews. Asylum officer grant rate of credible fear interview has in the past been as high 90%, at least back when USCIS released data on these interviews. This made a great deal of sense because those officers receive extensive and ongoing training on key topics, including the labyrinthine and ever-changing nature of asylum law, interviewing survivors of trauma and torture, sensitivity around gender-based violence, power dynamics with authority figures, etc.

But, direction from Stephen Miller in the White House, whose emails we have also been privy to this week, was to shift responsibility from USCIS asylum officer to CBP officers to conduct credible fear interviews. This massive shift in the job function of CBP officers has not been accompanied by any public information about the training they have received. Recently the American Immigration Council and others sued to obtain the training materials, if there even are any, given to CBP officers prior to taking on this new role.

It is not at all surprising that CBP officers are granting fewer credible fear interviews. Indeed, CBP is, at its core, an enforcement agency, focused on keeping immigrants out. CBP’s track record of wrongfully deporting asylum seekers, over the last 23 years, at least, speaks for itself.  I have written at length about how CBP officers ignore their duties to even ask asylum seekers four very basic questions to screen whether or not they have a fear of return to their home country. From the institution of the credible fear system in 1996, the U.S. Commission on International Religious Freedom, Human Rights Watch, the ACLU, American Immigration Council, and others, have documented CBP’s failure to ask the questions, failure to record accurate responses, and flat out ignoring expressions of fear and wrongfully deporting asylum seekers to their home countries where they face harm and possibly death.

Dilley, Texas, is home to the largest immigration detention center in the country. Up to 2400 women and their children can be held inside the center, purpose-built and opened in 2015 on a former site for oil and gas drilling. I’ve written about this place and the unforgivable waste of detaining families before. The majority of families at Dilley are asylum seekers. At this female only facility, CBP has seen fit to assign male officers to conduct credible fear interviews with the mothers. This is despite the very well-documented extremely high levels of gender-based violence and trauma survivors among this asylum-seeking population.

This is not, of course, the only attack on asylum seekers and immigrants this week. Late Friday afternoon the government quietly released new proposed regulations to increase fees throughout the agency. This includes, for the first time ever, a $50 fee for individuals to apply for asylum protection. This may not seem like very much, but asylum seekers are not permitted to even apply for a work permit until 150 days after their asylum application is received. At the same time, asylum seekers are not entitled to any federal benefits (and hardly any state benefits, except a couple of outliers, like Maine), $50 will be a barrier to some from obtaining protection.  Years ago I worked for a non-profit organization where we charged a $100 fee for each client, and many of my clients struggled to pay that in $10 or $20 installments over a period of a year or more.

At the same time, the government has already released proposed regulations to remove the 30-day court mandated processing deadline for asylum seeker work permits, eliminating any processing deadline whatsoever and enabling the government to delay work authorization indefinitely with impunity.  And, on Wednesday the Administration released their proposed rule to more than double the 150-day waiting period after filing an asylum application to file for a work permit to a year. This will leave asylum seekers unable to fend for themselves, vulnerable to those who would prey on individuals living at the margins of society, and unable to access healthcare, public transportation, obtain driver’s licenses, banking systems, and, of course, access to legal counsel.

I ask you to heed the powerful words of my client this week. Americans, call on Congress to act. Call your senators demand that they question Acting USCIS Director Kenneth Cuccinelli and CBP Acting Commissioner Mark Morgan, who appeared before Congress earlier this week, on these new policies. Ask Cuccinelli about his agency’s dereliction of duty in permitting CBP officers to conduct credible fear interviews. Ask him about the fees for asylum. Ask him about unreasonably delaying work authorization. Ask Morgan about what specific training his officers have received to conduct credible fear interviews. Speak out, ask questions, and take action. We cannot continue to sign off on these practices because they fundamentally undermine the human rights of asylum seekers, and, in turn, our own humanity.

Lindsay M. Harris is Associate Professor of Law at the University of the District of Columbia – David A. Clarke School of Law and Co-Director of the Immigration and Human Rights Clinic. She serves as Vice Chair of the American Immigration Lawyer’s Association National Asylum and Refugee Committee and as Vice Chair of the Board of the Asylum Seeker Assistance Project.

KJ

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Thanks for speaking out and for all you do for humanity and American Justice, Lindsay!

PWS

11-16-19

“LET ‘EM DIE IN MEXICO WATCH” — CRISIS OF CONSCIENCE: U.S. ASYLUM OFFICERS REFUSE TO CARRY OUT ILLEGAL & IMMORAL ANTI-ASYLUM PROGRAM! — “You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times

https://apple.news/ABLpJrjGFTROOJbP0K3fAGg

Molly O’Toole reports in the LA Times:

Asylum officers rebel against Trump policies they say are immoral and illegal

In collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at a much-criticized Trump administration policy to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers implementing it. 

It only took Doug Stephens two days to decide: He wasn’t going to implement President Trump’s latest policy to restrict immigration, known as Remain in Mexico. The asylum officer wouldn’t interview any more asylum seekers only to send them back to danger in Mexico.

As a federal employee, refusing to implement the government policy probably meant that he’d be fired, and an end to his career as a public servant. He’d only been assigned five of the interviews so far. But it was five too many — to the trained attorney, the policy officially termed “Migrant Protection Protocols” was not only unethical, it was against the law.

When Stephens told his supervisor in San Francisco his decision, he said he was stunned.

“I told him, ‘You don’t understand. I’m not doing these interviews,’” Stephens said, speaking publicly for the first time in an exclusive interview. “I think they’re illegal. They’re definitely immoral. And I’m not doing them.’”

Stephens is believed to be the first asylum officer to formally refuse to conduct interviews under the program, according to Michael Knowles, a spokesman for the National CIS Council, the union that represents some 13,000 asylum officers and other employees of Citizenship and Immigration Services worldwide.

But he isn’t alone. Across the country, asylum officers are calling in sick, requesting transfers, retiring earlier than planned and quitting, all to resist this and other Trump administration immigration policies that they view as illegal, according to Stephens, as well as other asylum officers and officials.

In a collaboration with the radio program “This American Life,” the Los Angeles Times takes an exclusive, front-line look at one of the Trump administration’s most successful policies to restrict asylum — the Migrant Protection Protocols — from the perspective of the asylum officers forced to implement it.

The asylum officers’ primary job is to make sure that the U.S. government is not returning people to harm in their home countries, a foundational principle in both U.S. and international law. But under MPP, instead of allowing asylum seekers who come to the southern border to wait in the U.S. for their immigration hearings, U.S. officials are forcing them to wait in Mexico.

Since the Trump administration announced the policy in December, U.S. officials have pushed roughly 60,000 asylum seekers back to Mexico, to wait in areas that the U.S. State Department considers some of the most dangerous in the world.

While U.S. officials downplay the danger in Mexico, kidnappings, rape and other violence against asylum seekers under the program are widespread and well documented, according to other officials, advocates, lawyers and academic researchers.

Homeland Security officials concede that the program is designed to discourage asylum claims. The president is running for reelection on renewed promises to limit immigration. Under the policy, only 11 asylum seekers have been granted some kind of relief, according to Syracuse University’s TRAC database. 

The half-dozen asylum officers interviewed by The Times say that in almost every interview they’ve conducted under the policy, the asylum seeker expressed a fear of returning to Mexico — many said they’d been harmed there already. But under the new standards, the officers say they had to return them anyway.

“What’s my moral culpability in that?” said an asylum officer who’s conducted nearly 100 interviews. She requested anonymity because she feared retaliation. “My signature’s on that paperwork. And that’s something now that I live with.”

The asylum officers rebelling against Trump’s immigration policies say they run counter to the laws passed by Congress, as well as their oath to the Constitution and extensive training, which includes how to detect fraud or any potential national security concerns.

Under U.S. law, migrants have the right to request asylum. Some 80% of asylum seekers pass the first step in the lengthy process, an interview with an asylum officer that’s known as a credible-fear screening. Congress set a low standard for the officers to use at this initial stage, to minimize the risk of sending someone back to harm, or even death. But ultimately, only about 15% of applicants win asylum before an immigration judge.

Trump and his top officials use this difference between the percentage of asylum seekers who pass the first step versus the percentage who ultimately win asylum to claim that asylum itself is a “hoax” or “big fat con job.”

Ken Cuccinelli, the acting head of Citizenship and Immigration Services, has publicly criticized the officers, saying they approve too many requests and oppose Trump’s initiatives for partisan reasons. On Wednesday, Cuccinelli was named acting deputy Homeland Security secretary.

Cuccinelli’s spokesperson stopped responding to requests for an interview. But The Times asked Cuccinelli during an October media breakfast about concerns from officers.

“So long as we’re in the position of putting in place what we believe to be legal policies that haven’t been found to be otherwise,” Cuccinelli said, “we fully expect them to implement those faithfully and sincerely and vigorously.”

Citizenship and Immigration Services also declined requests for data on staffing for the Homeland Security agency, and the asylum section specifically, to try to quantify what officers and officials called an “exodus” primarily because of the policy.

In another sign of widespread discomfort among the asylum officers, the union representing them has filed “friend of the court” briefs in lawsuits against the administration, arguing that its immigration policies — including MPP — are illegal.

Last month, the 9th U.S. Circuit Court of Appeals heard arguments in the ongoing litigation against the policy. The panel’s ruling on whether the policy is legal is pending.

When Stephens refused to do the interviews, his supervisors started disciplinary proceedings, issuing him formal warnings, he described at the time. He decided to quit, but not before he sent out a legal memo he’d drafted arguing why the policy violates the law, which he sent to his entire San Francisco office, supervisors, the union and a U.S. senator. He later got his own legal representation, at Government Accountability Project, a nonpartisan nonprofit. 

He says he’s still trying to draw attention to the program, encouraging others to speak out against it. 

“You’re literally sending people back to be raped and killed,” he said. “That’s what this is.”

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

So, what happened to the integrity of 9th Circuit Appellate Judges and Congress? Why are they OK with blatant violations of our laws, our Constitution, and human rights that actually kill people? You could call it “accessory to murder.”

Folks like Doug Stephens, Molly O’Toole, and many other courageous, dedicated members of the “New Due Process Army” are making a public record. While the cowardly abusers might be “getting away with murder” in “real time,” they will eventually be held accountable by history for their illegal, immoral, and unconscionable actions. And, that includes not only the “perpetrators” in the Trump Administration, but also their many disgraceful enablers in the judiciary and Congress. 

Many innocent people might die or be sent to oblivion. But, their bloodstains won’t be washed away, even by time.

PWS

11-16-19