"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Under the maliciously incompetent, illegal “leadership” of “Wolfman,” ICE continues to make a strong case for its dissolution and reassignment of those duties that are actually necessary (excludes much of what they have done as Trump’s “Not So Secret Police”) to other entities that will operate professionally and within the law.
Also, a thorough review of how and why some ICE agents have failed to operate ethically and within the law would be in order, along with recommendations on how to create a more professional workforce that will resist illegal schemes.
Yes, there are some good folks at ICE. I knew many of them in “prior incarnations.” But, ICE’s participation in Trump’s racist, often illegal, and highly counterproductive policies and actions certainly raises some “red flags” that I previously had not seen.
No, ICE isn’t “just enforcing the law.” That idea is preposterous in light of what is undoubtedly the most lawless Administration in U.S. history. One that actively seeks the destruction and ruin of our democratic republic and has nothing but contempt for the actual rule of law.
Dan Kowalski Online Editor of the LexisNexis Immigration Law Community (ILC)Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Retired Immigration JudgesKnightess of the Round TableHon. A. Ashley Tabaddor President, National Association of Immigration Judges (“NAIJ”)Laura Lynch Senior Policy Counsel AILAFanny Behar-Ostrow ESQ Assistant Chief Counsel, DHS President AFGE Local 511
From Dan Kowalski over @ LexisNexis Immigration Community:
More than 70 Organizations Call on DOJ to Immediately Close All Immigration Courts During the COVID-19 Pandemic
AILA Doc. No. 20032630 | Dated March 26, 2020 | File Size: 596 K
On March 26, 2020, more than 70 organizations joined AILA, the National Association of Immigration Judges (NAIJ), and the ICE Professionals Union, to call on the Department of Justice to immediately close all immigration courts during the COVID-19 pandemic.
RE: THE DOJ MUST IMMEDIATELY CLOSE ALL IMMIGRATION COURTS DURING THE COVID-19 PANDEMIC
Dear Attorney General Barr and Director McHenry,
Following previous calls by the National Association of Immigration Judges (NAIJ), the American Federation of Government Employees (AFGE) Local 511 (ICE Professionals Union), and the American Immigration Lawyers Association (AILA) for the temporary closure of all immigration courts, we, the undersigned international, national, state, and local immigration, civil rights, faith- based, government accountability, and labor organizations urge the U.S. Department of Justice (DOJ) to immediately close all 68 Immigration Courts operated by the Executive Office for Immigration Review (EOIR) in adherence with current public health protocols regarding the COVID-19 virus.
On the evening of March 17, EOIR postponed all non-detained hearings and recently postponed all of the Migrant Protection Protocol hearings (MPP) scheduled through April 22, 2020. However, more aggressive action is needed. While these policies are a step in the right direction, they fall far short of the required action called for by this pandemic emergency. The detained courts must also be closed to in-person hearings in order to minimize the spread of the virus, slow the rate of new infections, and to avoid overwhelming local resources.
Given the particular vulnerability of respondents in detained settings, the use of telework, which has been advocated by the Administration, can and should be quickly put in place. Immigration Judges stand ready and able to work to ensure priority matters, including detained bond matters, are addressed using technological tools. DOJ should permit all detained respondents to immediately receive telephonic bond redetermination hearings with teleworking judges and allow supporting documents to be faxed and emailed to a designated point of contact. When possible, ICE OPLA should stipulate to bond in written motions so it is not necessary to hold hearings.
The urgency for immediate, decisive action in this matter cannot be overstated. Every link in the chain that brings individuals to the court – from the use of public transportation, to security lines, crowded elevators, cramped cubicle spaces of court staff, packed waiting room facilities in the courthouses, and inadequate sanitizing resources at the courts – place lives at risk.
AILA Doc. No. 20032630. (Posted 3/26/20)
Every state and the District of Columbia have declared a state of emergency giving government leaders the opportunity to implement bold and unprecedented measures to slow and eventually
eliminate the spread of the virus. Some officials are releasing prisoners, allowing them to shelter in place at home. Cities, county, and state governments have moved swiftly to implement stay at home orders to ensure the protection of community members from this highly communicable virus. These measures include the scaling back of mass transit conveyances to most urban centers where the immigration courts are located, creating significant logistical problems for anyone needing to access the courts. On March 21, the Department of Homeland Security (DHS) announced that it
will now require all legal visitors to provide and wear personal protective equipment (PPE) (disposable vinyl gloves, N-95 or surgical masks, and eye protection) in order to enter any
detention facility, despite the nationwide shortage of PPE.
Yet EOIR continues to operate courts in a business-as-usual manner, placing court personnel,
litigants, and all community members in harm’s way. To make matters worse, DOJ and EOIR decision-making has been opaque, with inadequate information being released, causing confusion
and leading to litigants showing up at hearings that are cancelled without notice.
DOJ’s current response to the COVID-19 pandemic and its spread is frighteningly disconnected from the realities of our communities, and the advice of local leaders and scientific experts. DOJ must immediately implement the temporary closure all immigration courts. Failing to take this action now will exacerbate a once-in-a-century public health crisis and lead to a greater loss
of life.
If you have any questions, please do not hesitate to contact Laura Lynch, Senior Policy Counsel, AILA (llynch@aila.org), Judge Ashley Tabaddor, President, NAIJ (ashleytabaddor@gmail.com), or Fanny Behar-Ostrow, President, AFGE Local 511 (fbehar1@gmail.com).
Sincerely,
Fanny Behar-Ostrow ESQ Assistant Chief Counsel, DHS President AFGE Local 511
Advocates for Basic Legal Equality, Inc.
America’s Voice
American Federation of Government Employees (AFGE) Local 511 American Immigration Council
American Immigration Lawyers Association (AILA)
Americans for Immigrant Justice, Inc.
Amnesty International USA
Arizona Coalition to End Sexual and Domestic Violence
Asian Pacific American Labor Alliance, AFL-CIO
Asian Pacific Institute on Gender-Based Violence
ASISTA
Association of Deportation Defense Attorneys, Inc.
Ayuda
Capital Area Immigrants’ Rights (CAIR) Coalition
Catholic Legal Immigration Network, Inc.
Center for Gender & Refugee Studies
AILA Doc. No. 20032630. (Posted 3/26/20)
Center for Victims of Torture
Central American Resource Center
Coalition for Humane Immigrant Rights (CHIRLA)
Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces End Domestic Abuse Wisconsin
Evangelical Lutheran Church in America
Federal Bar Association Immigration Law Section
*Disclaimer, this is the position of the Immigration Law Section and not the Federal Bar Association as a
whole.
Freedom Network USA
Government Accountability Project
Her Justice
HIAS
Human Rights First
Human Rights Initiative of North Texas
Illinois Coalition Against Domestic Violence
Immigrant Families Together
Immigration Equality
International Federation of Professional and Technical Engineers International Rescue Committee
InterReligious Task Force on Central America
Just Neighbors
Justice for Our Neighbors-Michigan
Las America’s Immigrant Advocacy Center
Latin America Working Group
Leadership Conference of Women Religious
League of United Latin American Citizens
Legal Aid Justice Center
Montana Coalition Against Domestic and Sexual Violence National Advocacy Center of the Sisters of the Good Shepherd National Association of Immigration Judges
National Council of Jewish Women
National Justice for Our Neighbors
National Latina Institute for Reproductive Justice
Nebraska Coalition to End Sexual and Domestic Violence Neighbors Immigration Clinic
NETWORK Lobby for Catholic Social Justice
New York Immigration Coalition
New York Justice for Our Neighbors
Northern Illinois Justice for Our Neighbors
Ohio Immigrant Alliance
Pax Christi USA
Restoration Immigration Legal Aid
Rian Immigrant Center
Round Table of Former Immigration Judges
Santa Fe Dreamers Project
Sisters of Mercy of the Americas Justice Team
AILA Doc. No. 20032630. (Posted 3/26/20)
South Texas Human Rights Center
Tennessee Justice for Our Neighbors
The Florence Immigrant & Refugee Rights Project
The Leadership Conference on Civil and Human Rights
Ujima Inc: The National Center on Violence Against Women in the Black Community Vermont Network Against Domestic and Sexual Violence
Virginia Coalition for Immigrant Rights
Virginia Coalition of Latino Organizations
Virginia Interfaith Center for Public Policy
Washington Office on Latin America
Washington State Coalition Against Domestic Violence
Wellspring United Church of Christ
Young Center for Immigrant Children’s Rights
AILA Doc. No. 20032630. (Posted 3/26/20)
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Pretty disturbingly graphic example of how little EOIR & the DOJ care about the health, safety, and welfare of their own employees, let alone the public they have long ceased serving!
Also appreciate the courageous leadership of AFGE Local 511 President and DHS Assistant Chief Counsel Fanny Behar-Ostrow in joining the effort to end the regime’s reckless insanity. An “Honorary Member” of the NDPA to be sure! Folks like Fanny, Ashley, Laura, Jeff, and Dan are among America’s unsung heroes! Thanks for all you do!
Due Process Forever! Political “Courts” Endangering Public Welfare & Safety, Never!
