🛡⚔️⚖️🗽 ROUND TABLE ASSISTS FIGHT AGAINST “AMERICA’S STAR CHAMBERS” — Here’s Our Amicus Brief In Las Americas v. Trump! — With Thanks To Our Pro Bono Friends STOLL STOLL BERNE LOKTING & SHLACHTER P.C. in Portland, OR!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Excerpt:

The immigration court system lacks independence. An agency within the Department of Justice, the Executive Office for Immigration Review (EOIR) houses the immigration court system, which consists of trial-level immigration courts and a single appellate tribunal known as the Board of Immigration Appeals (BIA). Immigration judges, including appellate immigration judges, are viewed by EOIR “management” not as judges, but as Department of Justice attorneys who serve at the pleasure and direction of the Nation’s prosecutor-in-chief, the Attorney General.

As former immigration judges, we offer the Court our experience and urge that corrective action is necessary to ensure that immigration judges are permitted to function as impartial adjudicators, as required under the Immigration and Nationality Act. The INA and its implementing regulations set forth procedures for the “timely, impartial, and consistent” resolution of immigration proceedings. See 8 U.S.C. §§ 1103, 1230; 8 C.F.R. § 1003.1(d)(1) (charging the Board with appellate review authority to “resolve the questions before it in a manner that is timely, impartial, and consistent with the [INA] and regulations”) (emphasis added); 8 C.F.R. § 1003.10(b) (similarly requiring “immigration judges . . . to resolve the questions before them in a timely and impartial manner”) (emphasis added).

Although housed inside an enforcement agency and led by the Nation’s chief prosecutor, immigration judges must act neutrally to protect and adjudicate the important rights at stake in immigration cases and check executive overreach in the enforcement of federal immigration law. Applying a detached and learned interpretation of those laws, judges must correct overzealous bureaucrats and policy makers when they overstep the bounds of reasonable interpretation and the requirements of due process.

Here’s the full brief:

Las Americas Amicus (full case)

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

As I often say, it’s an honor to be a part of this group with so many of my wonderful colleagues. It’s also an honor to be able to assist so many wonderful “divisions and brigades” of the New Due Process Army, like the SPLC and Immigration Law Lab.

Here’s another thought I often express: What if all of this talent, creativity, teamwork, expertise, and energy were devoted to fixing our broken Immigration Court System rather than constantly fighting to end gross abuses that should not be happening? There is a “systemic cost” to “maliciously incompetent” administration and the White Nationalist agenda promoted by the Trump kakistocracy!

Knightess
Knightess of the Round Table

Due Process Forever!

PWS

08-04-20

🛡⚔️👍🗽⚖️👩🏻‍⚖️FIGHTING THE STAR CHAMBER! — US District Judge Holds That Constitutional Challenge To Weaponized Immigration “Courts” Can Proceed! — “Both policies change the way immigration judges run their dockets and their courtrooms. Accordingly, Plaintiffs have at least sufficiently alleged that such docket management has practical consequence for parties or their attorneys.”

Melissa Crow
Melissa Crow
Senior Supervising Attorney
Southern Poverty Law Center
Tess Hellgren
Tess Hellgren, Staff Attorney and Justice Catalyst Legal Fellow

FOR IMMEDIATE RELEASE

 

August 3, 2020

Contact: 

Marion Steinfels, marionsteinfels@gmail.com / 202-557-0430
Ramon Valdez, ramon@innovationlawlab.org / 971-238-1804

Federal Court Denies Government’s Motion to Dismiss in Immigration Court Case
Advocates’ challenge to immigration courts as “deportation machines”
moves forward; constitutionality of immigration court system at issue  

 

PORTLAND, OR – Immigrant rights advocates challenging the weaponization of the U.S. immigration courts applaud Friday’s late-afternoon ruling by the U.S. District Court of Oregon that their lawsuit, Las Americas v Trump, will move forward. The legal services providers, Las Americas Immigrant Advocacy Center, Asylum Seeker Advocacy Project (ASAP), Catholic Legal Immigration Network, Inc. (CLINIC), the Southern Poverty Law Center (SPLC), Innovation Law Lab, and Santa Fe Dreamers Project (SFDP), working with Perkins Coie LLP for pro bono support, allege that the Administration has failed to establish an impartial immigration court as required under the Immigration and Nationality Act (INA) and the Take Care Clause of the U.S. Constitution – weaponizing them into deportation machines against asylum seekers and other noncitizens – and asks the court to end the unlawful use of the courts to effectuate mass deportations instead of fair decisions.

 

In Friday’s order, the Honorable Karin Immergut denied the government’s motion to dismiss the case.   The district court rejected the government’s arguments, holding that all of the organizations’ claims could proceed, including their claim that the Attorney General has grossly mismanaged the immigration court system and weaponized the system against asylum seekers.

“This is a clear victory for everyone who has sought a fair hearing in immigration court, only to face a system plagued by rampant dysfunction and policies designed to subvert justice,” said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice Project. “For asylum seekers and those who represent them, the current process is like playing Russian roulette. Despite the life-or-death stakes in these cases, there is little rhyme or reason to the court’s workings apart from prioritizing deportation at all costs.”

 

“Friday’s decision is an important milestone in our fight for a truly fair, transparent, and independent immigration court,” said Tess Hellgren, staff attorney with Innovation Law Lab. “Whether an asylum seeker wins or loses should not depend on the political whims of the President or Attorney General. ”

 

Not only does the Court’s decision confirm that the gross mismanagement of the immigration court system is subject to judicial review, it also recognizes that there may be important constitutional checks and balances on the power of presidential administrations to manipulate the immigration courts to achieve mass deportation.

“This win is incredibly validating. We often operate under the guise that the work we are doing is impossible,” said Linda Corchado, Managing Attorney of the Las Americas Immigrant Advocacy Center. “We feel uplifted as we can take the giant step forward to tackle the system now, with everything we’ve got.”

 

“ASAP works with families across the United States and at the border who fled persecution and now face countless obstacles to seeking asylum in the U.S. immigration court system,” said Conchita Cruz, Co-Executive Director of ASAP. “This decision gets us one step closer to showing that the injustices of the U.S. immigration court system are not only wrong, but illegal. We stand with asylum seekers and immigrants’ rights advocates in bringing these abuses to light and demanding better from our government.”

 

The lawsuit, which was filed in December 2019, alleges President Trump, Attorney General Barr, and other members of the executive branch have failed to establish a fair immigration court system in which the plaintiff organizations can provide meaningful legal assistance to their asylum-seeking clients. The complaint outlines pervasive dysfunction and bias within the immigration court system, including:

  • The Enforcement Metrics Policy, , which requires immigration judges to decide cases quickly, at the expense of a fair process, in exchange for favorable performance reviews.
  • The “family unit” court docket, which stigmatizes the cases of recently arrived families and rushes their court dates, often giving families inadequate time to find an attorney and prepare for their hearings.
  • Areas that have become known as “asylum-free zones,” where virtually no asylum claims have been granted for the past several years.
  • The nationwide backlog of pending immigration cases, which has now surpassed 1 million — meaning that thousands of asylum seekers must wait three or four years for a court date.

In June 2019, Innovation Law Lab and SPLC also released a report, based on over two years of research and focus group interviews with attorneys and former immigration judges from around the country, documenting the failure of the immigration court system to fulfill the constitutional and statutory promise of fair and impartial case-by-case adjudication. The report can be accessed here: The Attorney General’s Judges: How the U.S. Immigration Courts Became a Deportation Tool.

 

The court’s opinion is HERE.

###

 

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, see www.splcenter.org and follow us on social media: Southern Poverty Law Center on Facebook and @splcenter on Twitter.  

 

Innovation Law Lab, based in Portland, Oregon with projects around the country and in Mexico, is a nonprofit organization that harnesses technology, lawyers, and activists to advance immigrant justice. For more information, visit www.innovationlawlab.org.

 

The Asylum Seeker Advocacy Project (ASAP) provides community support and emergency legal aid to asylum seekers, regardless of where they are located. ASAP’s model has three components: online community support, emergency legal aid, and nationwide systemic reform. For more information, see www.asylumadvocacy.org and follow us on social media at @asylumadvocacy on Facebook, Twitter and Instagram.

 

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

So, finally, the clear unconstitutionality of  “Star Chambers” run by a biased prosecutor who basically views himself as the personal lawyer for a racist xenophobic President is going to get some scrutiny, along with the beyond grotesque mismanagement of EOIR that has created a “backlog” that in all likelihood now exceeds 2 million cases. But, of course we don’t know, and may never know, the exact extent of the backlog because of 1) the notoriously defective record keeping at EOIR; and 2) the manipulation of and sometimes outright misrepresentation of data by the Trump Administration.

Thanks to SPLC and Innovation Law Lab for undertaking this long-overdue effort. And, special appreciation to my friends and New Due Process Army superstars Melissa and Tess.

Due Process Forever!🗽⚖️👩🏻‍⚖️

PWS

08-03-20

😎🗽⚖️👍🏼MORE GOOD NEWS FOR THE GOOD GUYS!  — Ira J. Kurzban 🏅 To Receive Leonard J. Theberge Award 🏆 for Private International Law From ABA Section of International Law!🍾🥂🍻

 

Ira Kurzban ESQUIRE
Ira Kurzban ESQUIRE
Legendary American Immigration Lawyer

Peggy Taylor reports for the Section:

I am writing to let you know that the ABA Section of International Law will be awarding Ira the distinguished Leonard J. Theberge Award for Private International Law.  The award is in memory of Section Chair Theberge (1979-1980).  The Section established the award to honor persons who have made distinguished, long-standing contributions to the development of private international law.

Obviously, Ira more than deserves this award.  Anyone practicing immigration law for more than two minutes knows about Ira — not only about his invaluable Sourcebook but also his cutting edge litigation, his contributions to immigration law scholarship, and his genuine support of the immigrant community.

The Section will honor Ira in a virtual ceremony on Friday, 7.31.2020 at 12:00 pm ET.  I hope you can attend the ceremony.  I am pasting a registration link at the end of this email.  Also, I am copying the current and incoming Section Chairs on this email.

Please join me in congratulating Ira!  It has been my  honor to work with Ira and each of you on the Crystal Ball Panel.  Be well and safe.  Best.  Peggy

Dear All – Writing with schedule information I received about Ira’s award.  The award ceremony is part of a Section Council Meeting.  While the meeting starts at 12:00 pm, the awards ceremony part of the meeting will probably not start until around 2:30 pm. Best.  Peggy

Register here.

 

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

Thanks, Peggy!

Here are a few of the tributes from our fellow “panel members:”

Congratulations, Ira!  Well deserved.  I am actually old enough to remember when Ira was listed among the 40 lawyers under 40 to watch! Seems like yesterday!

 

__________________________

Paul W. Virtue

Mayer Brown LLP 

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

A giant in the field — and an indispensable part of every immigration lawyer’s professional journey.

Hon. Mimi Tsankov

U.S. Immigration Judge

V.P. Eastern Region NAIJ

(Personal Capacity Only)

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

Many, many congrats to our friend and colleague Ira for his lifetime commitment to human rights and furthering legal excellence!

Paul Wickham Schmidt

U.S. Immigration Judge (Ret.)

immigrationcourtside.com

Congratulations again, Ira, on behalf of all your many admirers in the New Due Process Army (NDPA) in which you are a Five Star General 🎖🎖🎖🎖🎖!👍🏼😎

PWS

07-19-20

🎓🗽⚖️👍🏼ATTENTION NDPA: POSITIONS AVAILABLE FOR PRACTICE-ORIENTED IMMIGRATION EXPERTS & PROSPECTIVE IMMIGRATION TEACHERS — Professor Michele Pistone @ Villanova Is Recruiting Paid Adjuncts For Her Amazing VIISTA Program!

Professor Michele Pistone
Professor Michele Pistone
Villanova Law

Hi Judge Schmidt,

Can you share the below with your networks:

This fall, I am launching a new online certificate program at Villanova University to train immigrant advocates.  The program is aimed at people who are passionate about immigrant justice but are not interested in pursuing a law degree at the moment, such as recent college grads, people seeking an encore career, retirees, and the many who currently work with migrants and want to understand more about the immigration laws that impact them.  It is also attractive to students seeking to take a gap year or two between college and law school or high school and college.

The program is offered entirely online and is asynchronous, allowing students to work at their own pace and at times that are most convenient for them.  I piloted the curriculum during last academic year and the students loved it.  It launches full time in August, and will subsequently be offered each semester, so students can start in August, January, and May.

I reach out to you because I am now seeking adjunct professors to help teach the course.  Adjunct Professors will work with me to teach cohorts of students as they move through the 3-Module curriculum.  Module 1 focuses on how to work effectively with immigrants.  Module 2 is designed to teach the immigration law and policy needed for graduates to apply to become partially accredited representatives.  Module 3 has more law, and a lot of trial advocacy for those who want to apply for full DOJ accreditation.  Each Module is comprised of 2×7-week sessions and students report that they have worked between 10-15 hours/week on the course materials.  As an adjunct professor, you will provide feedback weekly on student work product, conduct live office hours with students and work to build engagement and community among the students in your cohort.  Tuition for each Module is $1270, it is $3810 for the entire 3-Module certificate program.

Here is a link to the job posting:

https://jobs.villanova.edu/postings/18505

For more information on VIISTA, here is a link, immigrantadvocate.villanova.edu

Please reach out if you have any questions.

Also, please note that scholarships are being offered through the Augustinian Defenders of the Rights of the Poor to select students who are sponsored to take VIISTA by DOJ recognized organizations.  For more information on the scholarships, visit this page, https://www.rightsofthepoor.org/viista-scholarship-program

My best,

Michele Pistone

Michele

Michele R. Pistone

Professor of Law

Villanova University, Charles Widger School of Law

Director, Clinic for Asylum, Refugee & Emigrant Services (CARES)

Founder, VIISTA Villanova Interdisciplinary Immigration Studies Training for Advocates

Co-Managing Editor, Journal on Migration and Human Security

Adjunct Fellow, Clayton Christensen Institute for Disruptive Innovation

610-519-5286

@profpistone

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

What an fantastic opportunity to get teaching experience, work on a “cutting edge” program with my good friend and colleague Michele, one of the best legal minds in America, and to make a difference by improving the delivery of justice in America, while being paid a stipend!

A “perfect fit” for members of the New Due Process Army (“NDPA”).

Due Process Forever!🗽👍🏼⚖️

PWS

07-10-20

🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)

 

https://cliniclegal.org/resources/litigation/practice-advisory-opening-statements-and-closing-arguments-immigration-court

Practice Advisory: Opening Statements and Closing Arguments in Immigration Court

Last UpdatedJuly 2, 2020

Topics Litigation Removal Proceedings Appeals

Opening statements and closing arguments can win cases for clients, if the practitioner is able to deliver a performance that is both concise and compelling. This practice advisory offers guidance and tips that will help practitioners deliver concise and compelling opening statements and closing arguments in immigration court.

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

Read more and download this wonderful resource at the link.

Michelle and her team @ CLINIC promise more “great stuff” next week.

Going in Opposite Directions: Ironically, as the Trump DOJ has worked overtime to “dumb down” EOIR, Michelle and many others in the Immigration & Human Rights communities, particularly AILA, other NGOs, Clinical Professors, and pro bono counsel at “Big Law,” have been working even harder to promote “best immigration and legal practices” before all tribunals. And, despite the Supreme’s “willful blindness” to the Constitution, the rule of law, and human dignity as it applies to asylum seekers and migrants, the results are showing elsewhere in the justice system. 

It also points to the obvious unconscionably overlooked untapped source for better Federal Judges in the future, from the Supremes to the Immigration Courts: the pro bono and clinical immigration and human rights bars — actually the main fount of courageous opposition to the regime’s concerted attack on our Constitution, our justice system, and our humanity. 

If these folks and others like them were on the Supremes, American justice wouldn’t be in shambles and equal justice justice for all under our Constitution would actually be enforced, rather than degraded or intentionally skirted with legal gobbledygook. The lack of both legal and moral leadership from our highest Court in the face of a clearly out of control and unqualified White Nationalist Executive and his toadies is simply astounding, not to mention discouraging. 

It’s little wonder that the tensions caused in no small measure by the Court’s systemic failure to stand up for voting rights, civil rights, the rights of other persons of color in the U.S., and to hold abusers at all levels accountable, is now overflowing into the streets. No, an occasional vote for a correct result from Roberts or another member of “The Five” is not going to solve the problem of Constitutional, racial, and moral dereliction of duty by our highest Court.

Almost every day, “real” Article III Lower Courts “out” some aspect of the outrageously biased and unprofessional performance of EOIR and the rest of Trump’s immigration kakistocracy before the courts. Even some GOP and Trump appointed Article III Judges have “had enough” and don’t want their professional reputations and consciences sullied by association with the regime’s unlawful White Nationalist agenda.

Unfortunately, however, the Federal Courts generally have failed to follow through by sanctioning the often unethical and dishonest performance of the regime in court and by shutting down EOIR’s unconstitutional “kangaroo courts,” DHS’s equally unconstitutional “New American Gulag,” and the fraudulent operation of bogus “Safe Third County Agreements,” “Remain in Mexico,” and patiently disingenuous ridiculously overbroad COVID-19 “immigration bars” (which are actually thin cover for Stephen Miller’s preconceived White Nationalist nativist agenda). Moreover, lower Federal Court Judges who courageously stand up against the regime’s unconstitutional agenda and program of “dehumanization” are too often improperly undermined by the Supremes (sometimes without explanations or “short circuiting” the system), thereby “greenlighting” further “crimes against humanity” by an unscrupulous and unethical Executive.

We’re making a permanent record of both the “crimes against humanity” committed by the regime and those public officials, be they so-called “public servants,” feckless legislators, or life-tenured judges who have actively aided, abetted, been complicit, or “gone along to get along” with Trump’s countless lies and abuses. Later judicial “corrections” by a better Court or legislative “fixes” by a real Congress will not reclaim the lives of those shot on the streets by police, infected with COVID-19 in the Gulag, kidnapped and abused by gangs in Mexico while waiting for fake hearings, or “rocketed” back to persecution and torture in the Northern Triangle and elsewhere in violation of U.S. and international laws without any meaningful process at all. Nor will they wipe out the abuses by governments at all levels elected without the full participation of American citizens of color and in poverty whose votes were purposely suppressed or political authority diminished by corrupt GOP pols and their Supreme enablers. 

As we can see by the long-overdue historical reckoning coming to Confederates and other racists who actively worked to undermine our Constitution, block equal justice for all, and dehumanize other humans in America, there will be an eventual historical reckoning here, and justice ultimately will be served, even if not in our lifetimes. That’s bad news for Roberts, his right-wing colleagues, and a host of others who have willfully enabled the worst, most abusive, and most clearly lawless presidency in U.S. History, as well as the most overtly racist regime since Woodrow Wilson.

Due Process Forever!

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

JOIN THE NEW DUE PROCESS ARMY (“NDPA”) & BE PART OF THE SOLUTION TO UNEQUAL JUSTICE IN AMERICA!

PWS

07-03-20

⚖️🗽👍🏼⚔️NDPA NEWS: LAW YOU CAN USE: “Immigrants’ Access to Federal District Court: The Narrowing of § 1252(b)(9) Post-Jennings” — By Adam Garnick @ Penn Law

Adam Garnick
Adam Garnick
L-3 Student
Penn Lw

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3623142

Immigrants’ Access to Federal District Court: The Narrowing of § 1252(b)(9) Post-Jennings

University of Pennsylvania Law Review, Forthcoming

62 Pages Posted:

Adam Garnick

affiliation not provided to SSRN

Date Written: May 15, 2020

Abstract

Congress has long sought to limit immigrants’ access to federal district court. This was most evident in the passage of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA), which channeled any judicial review of a final order of removal away from federal district courts and into courts of appeals through a petition for review (PFR). But IIRAIRA channeled more than just review of final orders into courts of appeals. With the addition of 8 U.S.C. § 1252(b)(9), all claims “arising from” the immigration process would likewise be consolidated into a PFR in the court of appeals. Seemingly a wide range of claims—including many urgent challenges to potentially unconstitutional government action—would be swallowed by § 1252(b)(9) and thus precluded from immediate review in federal district court. However, when the Supreme Court first construed the provision, it did so narrowly. Indeed, in circuits that adopted the Supreme Court’s interpretation of the provision, immigrants were able to evade the strictures of § 1252(b)(9) and bring immigration-related claims directly to federal district court. But not all lower courts adhered to the Court’s reading of the provision. The First Circuit—and eventually the Ninth Circuit—adopted a far broader view of § 1252(b)(9), describing it as “breathtaking in scope” and finding it to channel an extensive set of claims. Against this backdrop, the Court, nearly two decades after its first in-depth discussion of the provision, revisited § 1252(b)(9). Though the result was a fractured opinion that explicitly failed to provide a comprehensive interpretation of the provision, the decision offered several important clues on the proper scope of § 1252(b)(9). First, it undercut the expansive interpretation of the provision offered by the First Circuit and adopted by the Ninth Circuit. Second, and relatedly, it altered several of the considerations lowers courts use when determining whether § 1252(b)(9) swallows an immigrant’s claims, which has led to a substantive narrowing of the provision’s scope. As such, the lower courts that previously adopted the broad view of § 1252(b)(9) should revisit and narrow the scope of the provision in accordance with Court precedent. This will ensure that immigrants who bring urgent claims challenging government action with potentially grave consequences are not categorically barred from immediate access to federal district court.

Keywords: 1252(b)(9), Jennings, jurisdiction, immigration, INA, district court

Suggested Citation:

Garnick, Adam, Immigrants’ Access to Federal District Court: The Narrowing of § 1252(b)(9) Post-Jennings (May 15, 2020). University of Pennsylvania Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=

Download This Paper

Open PDF in Browser

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

You can download Adam’s complete article from SSRN, with much helpful research and many helpful strategic suggestions, at the link in the above abstract.

Thanks for being such an important part of the “New Due Process Army” (NDPA), Adam!

Due Process Forever!

PWS

06-11-20

FORBES PROFILES DUE PROCESS WARRIOR STEPHEN MANNING OF INNOVATION LAW LAB!

Stephen Manning ESQUIRE
Stephen Manning ESQUIRE
Founder, Innovation Law Lab
Portland, OR

https://apple.news/ADjIgsd5vTR6lN15QEpey1w

Over the last several years, America has been rocked by evidence of the mistreatment of migrants in detention centers. While the nation makes its political judgments about the future of immigration policy, Stephen Manning has assembled a team of lawyers, organizers, and tech innovators working to squeeze more humanity out of the current system while imagining its replacement. We talked to Stephen about how he pursues justice and reform.

How did you get involved in immigration law in the first place?

I was volunteer teaching at an elementary school, helping immigrant children from Central America with homework. I asked, “Why don’t you do your homework?” and I found their answer hard to believe: “We’re going to be deported.” No one deports second-graders, I thought. It must be an administrative matter. Naively, I took the whole family to Immigration, unprepared for the experience. I discovered a system based on the otherization and exclusion of human beings, as core principles. I could have gotten the whole family deported but luckily everyone was ok, and are still ok—I’ve since presided over two of their weddings.

What is so dehumanizing about immigration?

In fact, immigration could be a deeply humanizing experience—it could be the ultimate humanizing concept, actually. Instead, though, today it is the opposite. Its purpose is to categorize persons and judge their desirability. Racism and other biases have corrupted these functions. For example, on April 22nd, President Trump issued a proclamation to end family-based immigration. The next day his advisor explained that they want to “re-white” the country. The Remain in Mexico program does the same thing. Take a person seeking asylum: they are treated based not on their individual lives and circumstances, but on their assignment to a less desirable macro category—the asylum-seeker. They lose their individuality and simply become members of an undesired group. That classification has nothing to do with their hopes, fears, dreams or their contributions to our collective prosperity.

The same sense of power affects the whole system and shows up in myriad small ways. For example, I remember being at a detention center filled with families, working on a very compelling claim by a mother and her children. I’m working on my laptop surrounded by small children playing. We had sent a letter to the officer showing cause for their release. He showed up armed, in aviator glasses, ignored the children, and crumpled up and threw away the letter right in front of everyone. That’s dehumanization on a micro scale.

What surprises people when they learn about the realities of the U.S. immigration system?

People expect law to reflect some kind of morality. We expect the power of the law to be used justly. When law and power seem to align against common sense—that’s a tough lesson, even for lawyers. The immigration legal system is a world unto itself, and even for experienced lawyers, nothing prepares them for it.

You started and lead Innovation Law Lab, one of the largest pro bono projects in the country, to push for reforms. How do you recruit lawyers to volunteer?

Innovation Law Lab is equal parts lawyers, organizers, and coders. Our core team is about 20 people. For volunteers, actually, we don’t have any formal recruitment mechanisms. The work itself is demanding—you’re volunteering, giving up family time, spending your own money to participate. What we offer is a chance to use the law for justice and to join a team of like-minded people. And we’ve also structured it so that it can scale. We ask, Can you come for a day, a week, three weeks? Big law does not have to worry—there’s no mass exodus coming, but there is a small trend towards movement-based lawyering. The last time I looked, our numbers at Innovation Law Lab were in the tens of thousands of volunteers. And about 30% are repeat volunteers; they participate in multiple projects.

. . . .

Stephen Manning is an Ashoka Fellow. You can read more about him and his work here.

 

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

You can read the rest of the profile at the link.

Innovation Law Lab is doing some spectacular work in defending the Constitution, the rule of law, and humanity against the Trump regime’s relentless onslaught.

PWS

05-22-20

CHILD ABUSE BY COWARDLY REGIME OFFICIALS RAMPS UP AS COURTS TANK IN FACE OF LATEST ASSAULT ON RULE OF LAW & HUMANITY ☠️ — “This incredibly callous treatment of young migrants as well as their families is part of the Trump administration’s attempt to erase any vestige of due process at the border with Mexico.“

Esther Wang
Esther Wang
Senior Reporter
Jezebel

https://apple.news/AfPeFLsDGQTyTuvEeyuQsIg

Esther Wang writes in Jezebel:

Another day, another extreme cruelty: according to a report in the New York Times, the Trump administration has deported almost 1,000 migrant children and teens during the past two months of the covid-19 pandemic, sending them out of the United States alone and at times putting them on a flight without even telling their family members. Stephen Miller, who is unfortunately still alive, must be thrilled.

Trump’s latest tactic in the service of slashing immigration is, as the New York Times points out, a complete 180 from past policy:

The deportations represent an extraordinary shift in policy that has been unfolding in recent weeks on the southwestern border, under which safeguards that have for decades been granted to migrant children by both Democratic and Republican administrations appear to have been abandoned.

Historically, young migrants who showed up at the border without adult guardians were provided with shelter, education, medical care and a lengthy administrative process that allowed them to make a case for staying in the United States. Those who were eventually deported were sent home only after arrangements had been made to assure they had a safe place to return to.

But now, not even children who are already in the United States with pending asylum cases are safe from deportation. As the Times reported, in addition to the more than 900 children and teens who were deported in March and April shortly after arriving at the border, 60 young people who were already being held in government shelters were also abruptly sent out of the United States, at times “rousted from their beds in the middle of the night.”

According to the Times, even young children have been put on flights by themselves. Take the case of Sandra Rodríguez and her 10-year-old son Gerson, whom she sent across the southern border with the expectation that once Gerson arrived in the United States, he would be able to eventually live with Rodríguez’s brother in Houston. But instead, shortly after entering the U.S., Gerson was sent to Honduras alone.

This incredibly callous treatment of young migrants as well as their families is part of the Trump administration’s attempt to erase any vestige of due process at the border with Mexico. Citing the pandemic, immigration officials have used provisions in the 1944 Public Health Act as justification to essentially close the United States to all asylum seekers who cross the border. The impact has been severe: In an almost two-month period from mid-March to May, only two people seeking protection on humanitarian grounds at the border were allowed to stay within the United States.

“What is happening at the border right now is a tragedy. We are abandoning our legal commitment to provide asylum to people whose lives are in danger in other countries,” Kari Hong, an immigration attorney and Boston College law school professor, told the Washington Post. “By invoking these emergency orders, the Trump administration is simply doing what it’s wanted to do all along, which is to end asylum law in its entirety,” she said.

While Trump administration officials have justified their likely illegal use of emergency orders in the name of public health, the fact that officials have also deported children and teens who were already in the care of the federal government sure indicates that something else is going on here. I wonder what that could be.

 

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

Who would have thought that America would become a nation of child abusers and that Federal Courts would be so feckless and complicit in the face of such clear abuses? Three years of concerted failure, led by John Roberts and the Supremes, to give meaning to Due Process and Equal Protection in the face of the “New Jim Crow” have emboldened the regime’s White Nationalist, anti-American abusers while kneecapping democratic and constitutional institutions.

Then, there’s the extreme, wanton cruelty and dehumanization inflicted on the mostly vulnerable among us that has come to symbolize our nation in the Age of Trump. Like all the other abuses by the regime, it’s been “normalized” by feckless legislators and judges: “Another day, another extreme cruelty!” ☠️⚰️🤮🏴‍☠️

Somewhere down there in the fires of the underworld, Chief Justice Roger Taney, author of the infamous “Dred Scott Decision” must be feeling totally vindicated by Roberts and his gang!

Is this really how we want to be remembered by future generations? If not, vote ‘em out this November!

PWS

05-21-20

🏴‍☠️AMERICA THE CHILD ABUSER: Trump Regime ☠️ Uses Pandemic As Pretext To Violate Migrant Children’s Legal & Human Rights As Feckless Congress & Complicit Federal Courts Fail To Act! — Disintegration Of Nation’s Values & Humanity 🦹🏿‍♂️ Continues Unabated!

Caitlin Dickerson
Caitlin Dickerson
National Immigration Reporter
NY Times

https://www.nytimes.com/2020/05/20/us/coronavirus-migrant-children-unaccompanied-minors.html?campaign_id=9&emc=edit_nn_20200520&instance_id=18629&nl=the-morning&regi_id=119096355&segment_id=28532&te=1&user_id=70724c8ee3c2ebb50a6ef32ab050a46b

Caitlin Dickerson reports for The NY Times:

The last time Sandra Rodríguez saw her son Gerson, she bent down to look him in the eye. “Be good,” she said, instructing him to behave when he encountered Border Patrol agents on the other side of the river in the United States, and when he was reunited with his uncle in Houston.

The 10-year-old nodded, giving his mother one last squinty smile. Tears caught in his dimples, she recalled, as he climbed into a raft and pushed out across the Rio Grande toward Texas from Mexico, guided by a stranger who was also trying to reach the United States.

Ms. Rodríguez expected that Gerson would be held by the Border Patrol for a few days and then transferred to a government shelter for migrant children, from which her brother in Houston would eventually be able to claim him. But Gerson seemed to disappear on the other side of the river. For six frantic days, she heard nothing about her son — no word that he had been taken into custody, no contact with the uncle in Houston.

Finally, she received a panicked phone call from a cousin in Honduras who said that Gerson was with her. The little boy was crying and disoriented, his relatives said; he seemed confused about how he had ended up back in the dangerous place he had fled.

Hundreds of migrant children and teenagers have been swiftly deported by American authorities amid the coronavirus pandemic without the opportunity to speak to a social worker or plea for asylum from the violence in their home countries — a reversal of years of established practice for dealing with young foreigners who arrive in the United States.

The deportations represent an extraordinary shift in policy that has been unfolding in recent weeks on the southwestern border, under which safeguards that have for decades been granted to migrant children by both Democratic and Republican administrations appear to have been abandoned.

Historically, young migrants who showed up at the border without adult guardians were provided with shelter, education, medical care and a lengthy administrative process that allowed them to make a case for staying in the United States. Those who were eventually deported were sent home only after arrangements had been made to assure they had a safe place to return to.

That process appears to have been abruptly thrown out under President Trump’s latest border decrees. Some young migrants have been deported within hours of setting foot on American soil. Others have been rousted from their beds in the middle of the night in U.S. government shelters and put on planes out of the country without any notification to their families.

The Trump administration is justifying the new practices under a 1944 law that grants the president broad power to block foreigners from entering the country in order to prevent the “serious threat” of a dangerous disease. But immigration officials in recent weeks have also been abruptly expelling migrant children and teenagers who were already in the United States when the pandemic-related order came down in late March.

Since the decree was put in effect, hundreds of young migrants have been deported, including some who had asylum appeals pending in the court system.

Some of the young people have been flown back to Central America, while others have been pushed back into Mexico, where thousands of migrants are living in filthy tent camps and overrun shelters.

In March and April, the most recent period for which data was available, 915 young migrants were expelled shortly after reaching the American border, and 60 were shipped home from the interior of the country.

During the same period, at least 166 young migrants were allowed into the United States and afforded the safeguards that were once customary. But in another unusual departure, Customs and Border Protection has refused to disclose how the government was determining which legal standards to apply to which children.

“We just can’t put it out there,” said Matthew Dyman, a public affairs specialist with the agency, citing concerns that human smugglers would exploit the information to traffic more people into the country if they knew how the laws were being applied.

On Tuesday, the Trump administration extended the stepped-up border security that allows for young migrants to be expelled at the border, saying the policy would remain in place indefinitely and be reviewed every 30 days.

Chad F. Wolf, the acting secretary of the Department of Homeland Security, said the policy had been “one of the most critical tools the department has used to prevent the further spread of the virus and to protect the American people, D.H.S. front-line officers and those in their care and custody from Covid-19.”

An agency spokesman said its policies for deporting children from within the interior of the country had not changed.

. . . .

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

Read the rest of Caitlin’s article at the above link.

Thanks to my friend, the amazing “Due Process Warrior Queen,” 👸🏼 👑 ⚔️🛡Deb Sanders for bringing Caitlin’s article to my attention.

Kids suffer, the law is ignored, corrupt bureaucrats like Chad Wolf continue to wander around spreading lies. There is no evidence that any of those kids “rocketed” out of the country in violation of laws and human rights had coronavirus. 

And if they did, returning them to a poorer nation with even fewer resources to fight the pandemic without taking proper precautions and safeguards would be totally irresponsible, inhumane, and ultimately counterproductive. What goes around, comes around! 

This has absolutely nothing to do with “protecting” the U.S. from coronavirus (something that Trump otherwise largely eschews) and everything to do with advancing a racist, xenophobic, White Nationalist political agenda designed to appeal to a relatively narrow slice of Trump voters. So, how does this pass “legal muster?” Clearly, “It doesn’t!”

How do folks like Trump, Miller, Wolf, and their accomplices get away with it? Easy when GOP legislators and life-tenured Federal Judges look the other way rather than forcing the regime to comply with the rule of law and simple human decency. 

Congressional letters, particularly to a lawless regime, are useless unless accompanied by veto-proof legislation. Courts that fail to take a unified “Just Say No” approach to Trump’s systemic abuses, all the way up to the Supremes, and which rule without holding the officials and lawyers masterminding these abuses legally accountable are basically feckless! 

These are not difficult questions from either a legal or moral standpoint. What the Administration is doing is wrong! Period! Those who say otherwise are wrong! Period!

The Trump regime disguises their vicious attacks on human dignity and the rule of law as bogus “legal issues.” And, the Federal Courts encourage them by going along with the charade. This is no “normal Executive.” It’s a “rogue regime” and must be treated as such!

The failure to end these disgraceful practices and hold those who are abusing their authority accountable says much about the current state of our democratic institutions, justice system, civil servants, and the inadequacy and moral complacency of many of our current GOP legislators and Federal Judges.

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

Due Process Forever! Complicit Courts, Never!

PWS

05-20-20

U.S. DISTRICT JUDGE ON GULAG: “Under the circumstances, Galan-Reyes’ detention at Pulaski – where he shares dormitory-style living quarters with up to 50 other detainees – which obviously places him at risk for contracting this serious and potentially deadly illness, is tantamount to punishment.” — Galen-Reyes v. Acoff, S.D. IL

Honl. Staci M. Yandle
Honorable Staci M. Yandle
U.S. District Judge
S.D. IL

Galen-Reyes v. Acoff, 05-14-20, S.D. IL, U.S. District Judge Staci Yandle

Galan-Reyes v. Acoff

KEY QUOTE:

For the foregoing reasons, in the absence of clear and convincing evidence that his release would endanger the public or that he is a flight risk, coupled with the known risks associated with the presence of COVID-19 at Pulaski, this Court concludes that Galan-Reyes’ continued indefinite detention violates his Fifth Amendment right to due process. The government’s interests in continuing his detention must therefore yield to his liberty and safety interests.6

Disposition

IT IS HEREBY ORDERED that the Petition for writ of habeas corpus is GRANTED.

Respondents are ORDERED to IMMEDIATELY RELEASE Omar Galan-Reyes, pursuant to the following conditions:

1. Petitioner will reside at a certain residence, will provide his address and telephone contact information to Respondents, and will quarantine there for at least the first 14 days of his release;

2. If Department of Homeland Security (DHS) determines that Petitioner is an appropriate candidate for Alternatives to Detention (ATD), then Petitioner will comply with DHS instructions as to any ATD conditions;

3. Petitioner will comply with national, state, and local guidance regarding staying at home, sheltering in place, and social distancing and shall be placed on home detention;

4. The Court’s order for release from detention shall be revoked should Petitioner fail to comply with this order of release;

5. This Order does not prevent Respondents from taking Petitioner back into custody should Petitioner commit any crimes that render him a threat to public safety or otherwise violate the terms of release;
6. Petitioner will be transported from Pulaski County Detention Center to his home by identified third persons;
7. Petitioner will not violate any federal, state, or local laws; and
8. At the discretion of DHS and/or ICE, to enforce the above restrictions, Petitioner’s whereabouts will be monitored by telephonic and/or electronic and/or GPS monitoring and/or location verification system and/or an automated identification system.
The Clerk of Court is DIRECTED to close this case and enter judgment accordingly.

6 In light of the Court’s conclusion on Petitioner’s due process claim, it is not necessary to address his Administrative Procedures Act claim.

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

Many thanks to Dan Kowalski over at LexisNexis for passing this along. And congrats to NDPA members A. Ross Cunningham, Esquire, and Jake Briskman, Esquire, for their representation of the prisoner rotting in the New American Gulag (“NAG”) in this case!

This decision reads like an indictment of the entire badly failed and fundamentally unfair DHS Enforcement and Immigration Court systems as mismanaged, weaponized, and politicized by the Trump regime Politicos and their toadies: 

  • Abuse of detention system by detaining non-dangerous individuals who are not flight risks;
  • Uselessness of bond determinations by Immigration Judges who are functioning like enforcement officers, not independent judicial decision-makers;
  • Extraordinarily poor judgment by DHS Detention officials;
  • Delays caused by backlogged dockets driven by failure of DHS Enforcement to exercise prioritization and reasonable prosecutorial discretion compounded by the Immigration Judges who lack the authority, and in some cases the will, to control their dockets — dockets structured by politicos for political, rather than practical or legal, reasons (see, e.g., “Aimless Docket Reshuffling” or “ADR”);
  • A  dangerously useless BIA that fails to set reasonable national bond criteria and fails to properly and competently consider Due Process interests in bond cases;
  • The importance of placing the burden of proof in bond cases where it constitutionally belongs: on DHS, rather than on the individual as is done in Immigration Court;
  • In this case, the US District Judge had to do the careful analytical work of individual decision making that should have been done by the Immigration Court, and which the Immigration Court should have, but has failed to, require DHS to adopt;
  • Leaving the big question: Why have Immigration Courts at all if the meaningful work has to be done by the U.S. Courts and U.S. Magistrates?
    • Why not “cut out the useless middleman” and just have U.S. Magistrate Judges under the supervision of U.S. District Judges conduct all removal and bond proceedings in accordance with the law, Due Process, and the Eighth Amendment until Congress replaces the current constitutionally flawed Immigration Courts with an independent immigration judiciary that can do the job and that functions as a “real court” rather than an arm of DHS Enforcement thinly disguised as a “court?”

Due Process Forever!

PWS

05-15-20

HON. JEFFREY S. CHASE: Some Uplifting News For Mothers’ Day Involving the Generosity Of The NDPA, Many From The “Arlington Brigade!”😎👍

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Retired Immigration Judges
Eileen Blessinger, Esquire
Eileen Blessinger, Esquire
Blessinger Legal PLLC
Falls Church, VA

https://www.jeffreyschase.com/blog/2020/5/8/small-acts-of-thanks-2

 

JEFFREY S. CHASE | OPINIONS/ANALYSIS ON IMMIGRATION LAW

Blog

 

Archive

 

Press and Interviews

Calendar

 

Contact

Small Acts of ThanksI would like to share a nice story (for once).  It illustrates how a postscript can sometimes prove far more meaningful than the main story.

A friend and colleague in the DC area, Eileen Blessinger of Blessinger Legal, planned a series of training lectures via Zoom during the pandemic.  When I initially agreed to present one of the sessions on asylum law, I was told it would be for an audience of eighteen people.

Somehow, the number of attendees increased significantly.  Because meetings of more than 100 people require an upgrade on Zoom, Eileen asked participants for a small donation.  I believe the training went well, and that seemed to be the end of the story.

Later that night, Eileen informed me that because the number of attendees was well over 100, there was a surplus of donations beyond what was needed to cover the Zoom upgrade.  After a brief exchange, we agreed that the surplus should go to pandemic first responders.

Realizing the virtue of what was initially an unintended consequence, the next speaker, Louisiana-based attorney Glenda Regnart, also agreed to open her session to a wider audience, who were invited to make a small donation to treat first responders.  Subsequent speakers Kelly White, Himedes Chicas, Anam Rahman, Julie Soininen, Danielle Beach-Oswald, Heain Lee, and Jennifer Jaimes agreed to follow suit.  Over $1300 was raised.

Eileen took over from there, inviting suggestions for recipients from her staff.  So far, she has provided meals to nurses at Mass General Hospital in Boston; to employees at supermarkets in Louisiana and Virginia, and to preparers of meals for those in need in Alexandria, VA.  Plans are also in the works to provide a meal for DC-area sanitation workers.

Those of us able to quarantine comfortably and work from home owe an unimaginable debt to those putting themselves at risk to keep our cities and towns running, keeping us all fed and safe.  And as most of us read of infection and death rates as impersonal statistics, the nurses and other medical workers who are battling the disease on the frontlines on a daily basis, putting their own health at risk in the process, are far beyond our ability to properly thank.

It was a donation to another group that touched me in an unexpected way because of its connection to an earlier unspeakable tragedy.  Eileen forwarded me the accompanying photo of FDNY firefighters enjoying the meal provided for them from the training surplus.  Looking at the photo, I was suddenly transported back to the fall of 2001.  My wife and I, who both worked in lower Manhattan, were physically very close to events on 9/11.  What we saw still triggers traumatic memories.  Among the horrible and tragic statistics is the heartbreaking fact that 343 firefighters died that day.  More than 200 more have died as the result of illnesses they subsequently contracted in the rescue effort.

I walked past the firehouse on Duane Street every day on my way to and from work when I was an immigration judge.  I remember the feeling of grief when passing by in the months following 9/11, and of stopping there one day in October to make a donation, and of words completely failing me as I tried to express my sadness and gratitude.

In the present pandemic, 15 firefighters in the unit pictured here (Engine 286/Ladder 135) had contracted COVID-19 as of last week.  As early as April 7, 500 of New York’s Bravest had contracted coronavirus.  Many more continue to be exposed as first responders to emergency calls from those stricken with the disease.  And the firefighter who took the photo, Jerry Ross, was also a 9/11 responder.

So once again, we are reminded of the great debt we owe to so many.  Thanks again to Eileen and all of the other speakers, and of course to all who contributed.  Hopefully, these small acts of thanks will bring a little joy to these most essential and selfless heroes.

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

Go to Jeffrey’s blog at the above link for the accompanying photo of Engine 286/Ladder 135 enjoying their meal!

Thanks Jeffrey & Eileen!

So proud that in addition to Eileen, of course, so many of the wonderful pro bono attorneys highlighted in this article were “regulars” before us during my time at the Arlington Immigration Court: Kelly White, Anam Rahman, Julie Soininen, Danielle Beach-Oswald, and Jennifer Jaimes.  Also, Jennifer is a former Legal Intern at the Arlington Immigration Court who was part of our daily “run the stairs challenge” (at the former Ballston location) with then Court Administrator Judges Bryant and Snow, and me. Ah, those were the days!

Jennifer Jaimes, Esquire
Jennifer Jaimes Esquire
Jaimes Legal, LLC
Baltimore, MD

Happy Mothers’ Day and Due Process Forever!😎👍🥇

PWS

05-10-20

 

☠️INSIDE THE GULG: Left To Die ⚰️ By DHS & Their EOIR Patsies, He’s Saved By The NDPA 🎖 & A U.S. District Judge 🧑🏽‍⚖️ — Failed Immigration “Court” 🤡 System Trashes Due Process🗑, Abandons Humanity🤮!

 

https://www.latimes.com/opinion/story/2020-05-08/immigration-detention-coronavirus-release

Former GULG prisoner Nicholas Morales writes in the LA Times:

I consider myself an American. I came to the United States from Mexico when I was a teenager. I’m now 37 years old. My wife and son are U.S. citizens. For years, I ran my own mechanic shop in New Jersey. I have paid taxes and nearly all my family members live in and around New Jersey, including my brothers, mother, cousins, nephews and nieces. This is the only home I know.

My life shattered on Nov. 21, 2019, when immigration officers picked me up right after I had dropped off my 5-year-old son at school. Although I had been living in the U.S. for almost 20 years, I had not managed to get the right paperwork to be here. The immigration officers took me to the Elizabeth Detention Center — a prison-like structure run by the private corporation CoreCivic. I didn’t have a chance to say goodbye to my son or my wife.

I spent five months at the Elizabeth Detention Center. As the coronavirus pandemic hit our nation and New Jersey became an epicenter, I grew increasingly worried because neither I nor hundreds of immigration detainees had any way to protect ourselves from getting sick.

I first heard rumors of COVID-19 in February. I heard it was a highly contagious illness, that it was worse than the flu, and that it was killing many people. The detention center personnel told us nothing. An Immigration and Customs Enforcement supervisor told us not to believe the news, that the danger of the virus was exaggerated. But by mid-March, we started hearing that someone in the medical unit was showing symptoms.

The Elizabeth Detention Center has capacity for just over 300 people. At nearly all times, I was packed into a large room with other immigrants. Our beds were close together, with only two to three feet between them. We shared toilets, showers, sinks, communal surfaces and breathing air. We did not have hand sanitizer or masks. We could not disinfect our shared surfaces. We could not maintain any meaningful distance among us, let alone six feet of distance. We were never permitted outside; there is no meaningful outdoor space.

As the days passed, we grew increasingly anxious about COVID-19, especially those of us who had health issues or were older. I have bad asthma and I wasn’t alone in wanting to get out. Everyone wanted out. I didn’t have a lawyer, but I was in regular contact with pro bono attorneys who wanted to help me.

Then, on March 13, the detention center halted all visitations, including by attorneys. On March 19, an ICE employee at the facility tested positive for the virus. Still, the facility staff refused to communicate with us about the pandemic, their plans to keep us safe, or whether we might be released. We still did not have access to hand sanitizer or masks to protect ourselves. The facility’s supervisors told us that we couldn’t have any hand sanitizer. The dormitories were still packed with approximately 40 people per unit.

One day in March, I watched a detainee collapse. He was taken away. I do not know if he had the virus. In mid-March, I was diagnosed with bronchitis. I could hear rattling noises in my chest and could not seem to get enough air.

My fellow detainees and I worried we were being left to die. Some of us, in desperation, decided to go on a hunger strike on March 20. The guards then put me in isolation to punish me. While in the box, I felt some relief to be away from the masses.

My breathing continued to worsen. I finally ate food again on March 25, hoping that would improve my condition. On March 31, a pro bono lawyer made an emergency request for my release, which immigration officials denied even though I had such trouble breathing that I needed treatment with an albuterol machine. On April 3, an immigration judge denied my request for release on bond.

Every way I turned seemed to be another dead end. The guards commented disapprovingly when they heard I had been talking to the media about our dire predicament. No help came for us.

I had one last hope for release. I had been included in a group habeas petition filed before the federal district court in New Jersey. Thankfully, I was let out on April 20 because a federal judge determined that COVID-19 posed a particularly serious health risk to me and four others and ordered our immediate release.

I have since returned to my family and isolated myself for 14 days. I lost my mechanic shop while I was in detention because I wasn’t able to pay rent, but I am grateful to be released. I’m now in the process of appealing my deportation order.

. . . .

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

Read the rest of this first-hand account at the link.

Many, many thanks to the pro bono attorneys from the “New Due Process Army” (“NDPA”) who stepped in to save Nicholas’s life snd the lives of many others abandoned in the Gulag. You are the real “warriors” and heroes of our age!🏅🥇😇 Hats off!🎩

It’s clear from accounts like this across the country that the only “real” bond hearings for Gulag inmates that comply with Due Process take place before U.S. District Judges or the U.S. Magistrate Judges who work for them.

So what’s the purpose of a bogus “Court System” run by Sessions and now Billy Barr to function as a subservient branch of DHS Enforcement? None, obviously!

But, it’s worse than that. Because of the outward trappings of a judiciary, the Immigration “Courts” put a “false veneer of justice” on an inherently tainted and unfair process. This wastes time, unnecessarily prolongs detention, squanders public funds, and sometimes leads Article III Judges who are unwilling or unable to understand the process to give “undeserved deference” to the decisions of these kangaroo 🦘courts.

An independent Article I Immigration Court could provide the expertise and efficiency necessary for fair impartial adjudications that comply with due process and develop “best practices.” This, in turn, would relieve the Article III Courts of the burden of having to constantly intervene to correct basic errors in legal analysis, judgment, and process inevitably caused by the improper political objectives driving EOIR’s dysfunction.

Going on five decades in the law has shown me that problems are best corrected by getting things right at the earliest point in the system. That’s clearly not happening with today’s inept, inefficient, and intentionally unjust, politicized, and weaponized Immigration “Courts.”

Until Congress and/or the Article IIIs do their jobs and put an end to this deadly nonsense, it will continue to endanger lives☠️⚰️, burden the justice system⚓️⚖️, and waste public funds 🔥💰.

Due Process Forever! Clown Courts 🤡, Never!

PWS

05-08-20

THE GIBSON REPORT — 05-04-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group! — Get The Latest On Regime’s Shenanigans 👺🤮☠️ 👹 & White Nationalist Assaults on The Rule of Law!

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

COVID-19

Note: Policies are rapidly changing, so please verify the latest information on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

 

TOP NEWS

 

Human Rights at Risk: The Immigration Courts Are in Need of an Overhaul

ABA (by IJ Tsankov): These controversial new policies have become so pervasive and so threatening to judicial independence that they have raised alarms. What began in 2018 as a few dramatic instances involving the abrupt removal and reassignment of cases from an immigration judge’s docket previewed the agency’s more recent alarming actions where the shuffling of scores of cases and entire dockets sometimes multiple times within a single day has become the norm.

 

Desert or sea: Virus traps migrants in mid-route danger zone

AP: Migrants have been dropped by the truckload in the Sahara or bused to Mexico’s border with Guatemala and beyond. Others are drifting in the Mediterranean after European and Libyan authorities declared their ports unsafe. And around 100 Rohingya refugees from Myanmar are believed to have died in the Bay of Bengal, as country after country pushed them back out to sea.

 

US prosecutors allege ‘El Tigre’ trafficked cocaine on behalf of Honduran president

Guardian: Prosecutors also allege that Bonilla was entrusted with “special assignments, including murder” by President Hernández – who is identified as a co-conspirator – and his brother, Tony.

 

El Salvador’s President Takes On The Country’s Gangs Amid Coronavirus Pandemic

NPR: El Salvador’s president authorized the country’s police and military to use lethal force against gang members, who over the weekend were allegedly responsible for the murders of dozens of people. Along with the emergency orders, President Nayib Bukele put all incarcerated gang members on a 24-hour shutdown.

 

Fearing an undercount, advocates say census outreach is getting crushed by coronavirus

NBC: [A]s the pandemic puts the census count on hold for months while states wait to come out of lockdown, advocates warn that their outreach efforts are coming up short — increasing the odds that the communities that need federal help the most won’t get their fair share in the coming decade.

 

Trump renews threats to withhold federal funds from sanctuary cities amid pandemic

CNN: The threat to withhold aid, while new in the context of coronavirus, has been acted upon by the Trump administration before. As was the case with those efforts in different circumstances, any renewed push to use funds as leverage is likely to be challenged in court. See also Seventh Circuit Rejects Trump’s Effort to Defund Sanctuary Cities, Affirms Nationwide Injunction.

 

Los New Yorkers: Essential and Underprotected in the Pandemic’s Epicenter

ProPublica: More than 400 Mexican migrants are known to have died of COVID-19 in the New York area, but for health reasons, Mexico will only accept their bodies if they are cremated. In place of seeing the body one last time, Lopez’s brother was sent photos by the funeral home, which will hold the cremains while the family figures out how to get them to Mexico.

 

Maya villages in Guatemala spurn U.S. deportees as infections spike

Reuters: Guatemala’s indigenous Maya towns are spurning returned migrants, threatening some with burning their homes or lynching as fear spreads about more than 100 deportees from the United States who tested positive for the new coronavirus.

 

Why Is the Immigration System Picking Up Legal Immigrants?

National Interest: According to a recent USCIS data release in response to a FOIA, E‐​Verify was run 17,909 times against TPS migrants by employers in the 4th quarter of fiscal year 2019. Of those 17,909 E‐​Verify queries run against TPS migrants, E‐​Verify approved 16,299 of them to work and issued 1,610 with a TNC [tentative non‐​confirmation]. In other words, about 9 percent of the E‐​Verify cases run against those on TPS in the 4th quarter of 2019 were mistakenly labeled at TNCs.

 

Trump’s Green Card Ban May Free Up More Employment Visas

Law360: [I]n reality, the order primarily limits categories of family-based immigration and as a result may actually end up making more visas available to would-be immigrants coming to the U.S. for job offers in the future if unused family visas roll over.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Executive Office for Immigration Review Swears in Three New Board Members

Philip Montante: 96.3% asylum denial rate.

Kevin Riley: 88.1% asylum denial rate.

Aaron Petty: Former OIL Counsel.

 

Legal Services NYC Sues NYC Immigration Courts for Refusing to Postpone Filing Deadlines Amid COVID-19, Putting Countless Lives at Risk

LSNYC: Lawsuit accuses DOJ’s Executive Office of Immigration Review (EOIR) of endangering the lives of immigrants, advocates, and the public by continuing to make them meet filing deadlines, in violation of city and state public health orders and litigants’ due process rights. Over 17,500 people have died from COVID-19 in New York State, and nearly 300,000 are infected.

 

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies. AILA Doc. No. 20042800

 

DHS Notice Containing Text of Asylum Cooperative Agreement with Honduras

DHS notice containing the text of the Asylum Cooperative Agreement between the United States and Honduras, which was signed on 9/25/19. (85 FR 25462, 5/1/20) AILA Doc. No. 20050138

 

DHS Final Rule Delaying Date for Card-Based Enforcement of REAL ID Regulations

DHS final rule delaying the date for card-based enforcement of the REAL ID Act regulations from 10/1/20 to 10/1/21. (85 FR 23205, 4/27/20) AILA Doc. No. 20042700

 

EOIR Final Rule Extending Bar for Asylum in the Commonwealth of the Northern Mariana Islands

EOIR final rule amending the regulations to conform to changes made by Public Law 115-218, which extended the bar for asylum in the CNMI by 15 years, providing that the current bar will continue to apply for asylum applications submitted prior to 1/1/30. (85 FR 23902, 4/30/20) AILA Doc. No. 20050130

 

CBP Issues Statement on Border Search of Electronic Devices

CBP issued a statement on border searches of electronic devices, noting that in FY2019, it conducted 40,913 electronic device searches, representing .01 percent of arriving international travelers. CBP also provided a month-to-month comparison of electronic device searches from FY2017 to FY2019. AILA Doc. No. 20042730

 

RESOURCES

 

 

EVENTS

   

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, May 4, 2020

Sunday, May 3, 2020

Saturday, May 2, 2020

Friday, May 1, 2020

Thursday, April 30, 2020

Wednesday, April 29, 2020

Tuesday, April 28, 2020

Monday, April 27, 2020

 

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

Thanks Elizabeth, providing “easy access” to information  and resources that the regime doesn’t want folks to know or have.

Trump’s “war on coronavirus” clearly is bogus. But, his “war on our Constitution, the rule of law, and due process” is all too real. In this war, information is power. And, certainly, thanks to folks like Elizabeth, the NDPA’s information is better and our lawyers are smarter and better prepared than Trump’s. 

Due Process Forever!

PWS

05-04-20

ANOTHER BLOW TO THE REGIME SCOFFLAWS, AS MORE WILL BE REVIEWED FOR RELEASE FROM THE GULAG: Judge Dana Sabraw, USDC SD CA, Orders Further Review, After Plaintiffs Show Undercount In Original DHS Affidavit Submitted To Court!

Kate Morrissey
Kate Morrissey
Immigration & Human Rights Reporter
San Diego Union Tribune

https://www.sandiegouniontribune.com/news/immigration/story/2020-04-30/judge-orders-review-for-release-of-ice-detainees-at-otay-mesa-detention-center

Kate Morrissey reports for the San Diego Union Tribune:

The facility’s warden had initially given the judge an undercount of how many detainees were at high risk of complications due to COVID-19

By KATE MORRISSEY

APRIL 30, 202012:04 PM

A San Diego federal judge ordered Immigration and Customs Enforcement to review for release a list of newly identified detainees at the Otay Mesa Detention Center who would be at high risk for serious health complications if they get COVID-19.

U.S. District Court Judge Dana Sabraw granted the American Civil Liberties Union’s request to create a subclass of people at high risk under the pandemic, which has spread widely within the facility. The judge made his decision after learning that the facility’s warden had undercounted the number of people in that category in his initial declaration for the case.

“That information is significant,” Sabraw told attorneys during a telephonic hearing Thursday. “It does change measurably the underlying facts and whether or not the petitioners are entitled to relief.”

A spokeswoman for CoreCivic, the private prison company that runs the facility, said that the initial report sent to the judge was compiled with data from ICE Health Service Corps, which provides the medical care at the facility, and the report “was made with the best available information we had from our partners at the time.”

. . . .

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

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

There was a time, long ago, when a Government agency’s submission of false, materially incomplete, or misleading information to a Federal Court would have earned sanctions up to and including threats of contempt from a U.S. District Judge. Sadly, bending the truth, omitting material information, and outright lies have become “the norm” for DHS and DOJ under Trump. 

Indeed, the burden is now on the plaintiffs, often serving pro bono and stretched to the limit, to show and document for the courts each false, incomplete, or misleading affirmation from the Government. Against reason and the clear record over the past three years, Federal Courts continue to presume the proven unlikely — nay, likely impossible — that a regime led by a pathological liar and his toadies will provide them true, accurate, and complete information about anything!

Instead of asylum applicants being given “the benefit of the doubt,” as our law is supposed to require, that benefit of the doubt is now being given to an overtly bigoted and dishonest Executive who in no way has earned or deserved it. Everything has been turned upside down.

But, until the Article III Courts take actions to insure that this regime respects the integrity of the process, the practice of “lie, obfuscate, and mislead first and see if they catch you” will continue largely unabated. Vulnerable migrants aren’t the only victims here. Failing to force the regime to act in an honest, ethical, and professional manner in Federal litigation is eroding the integrity of the Article III Courts all the way up to the complicit Supremes.

Remember, several years ago, the DHS and DOJ lied to Federal Courts and the public about the existence of Sessions’s “child separation policy.” Two years later, they continue to feed erroneous information to the courts with impunity. But, who’s surprised when in the meantime the Supremes’ majority has sent such a powerful and consistent message that “Brown Lives Don’t Matter” and they won’t examine the truth or actual motivation behind any Executive attack on the rights, lives, and safety of migrants.

Here’s a report from a member of the NDPA and a Courtside reader on the front lines of the battle to save humanity: “[T]wo of our clients detained in Otay Mesa Detention Center were finally released after a Federal Judge issued a TRO. I am relieved. ICE has been unreasonable and in my opinion reckless with the lives of people in detention and even their own employees. . . .  And the attorneys at the ACLU are the true heroes here and . . . students.”

Why is this abject failure of responsible Government and absence of powerful, coordinated, courageous judging that puts an end to these human rights abuses acceptable? Why isn’t our Supreme Court delivering a powerful message that Executive dishonesty, denials of due process, systemic detention abuses, and disregard of established human rights principles aren’t acceptable in 21st Century America? Why is “Dred Scottification” the new policy endorsed by the “JR Five” on the Supremes?

Until we get better Federal Judges willing to stand up to Executive abuses and a Congress that retakes its responsibility to legislate and oversee the Executive in the area of immigration and human rights, it will continue to fall to the private bar and NGO lawyers to force officials among our failed institutions in all three Branches to do their jobs in accordance with the law and the Constitution. That’s not the way it’s supposed to work. But, it’s the only way it does work in today’s America. Thank goodness for the (non-regime) lawyers!

Due Process Forever!

PWS

05-02-20

NDPA NEWS: JUST IN: MORE GOOD VIBES FOR THE GOOD GUYS: US District Judge Vince Chhabria “Rips DHS A New One” Over Grossly Deficient Treatment Of Detainees In Gulag: DHS Intransigence “speaks volumes about where the safety of the people at these facilities falls on ICE’s list of priorities.”☠️🤮⚰️☠️🤮⚰️ 

Genna Beier
Genna Beier
Deputy Public Defender
Immigration Unit
San Francisco
Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.

 

Round Table Member Judge Ilyce Shugall & Genna Beier, Deputy Public Defender report:

Hi all,

 

I write with wonderful news from the Zepeda Rivas crew. Judge Chhabria granted our motion for provisional class certification and motion for temporary restraining order. See attached!

 

He found that “the plaintiffs have demonstrated an exceedingly strong likelihood that they will prevail on their claim that current conditions at the facilities violate class members’ due process rights by unreasonably exposing them to a significant risk of harm.”

 

He also faulted the government for failing to be ready with basic information about class members:

 

“[C]ounsel for ICE asserted that it will take a significant amount of time for the agency to prepare a list of detainees with health vulnerabilities because it is ‘burdensome.’ The fact that ICE does not have such a list at the ready, six weeks after Governor Newsom shut down the entire state and one week after this lawsuit was filed, speaks volumes about where the safety of the people at these facilities falls on ICE’s list of priorities.” (emphasis added). ZING!!

 

He ordered ICE to provide records. Then, we will begin a process of individualized “bail” applications (“[T]his Court—likely with the assistance of several Magistrate Judges—will consider bail applications from class members over a roughly 14-day period.”). We don’t know yet what that process will look like, and we’ll have an opportunity to discuss it at a case management conference tomorrow. We’ll update you, of course.

 

If you haven’t already, please fill out the attached form for your clients! At tomorrow’s hearing want to be able to give the judge a survey of the individuals for whom we have clear release plans, for example. (Tips: try to use Adobe; if all else fails, save as PDF and email to me).

 

Lastly, we’ve got an amazing team of ACLU, SFPD, LCCR and UC Berkeley Law School people ready to take calls from unrepresented people in detention to start gathering info for bail applications. Please tell your clients to spread the following Lyon pin to others in their dorm who do not have attorneys to fill out these forms for them.

 

NUMBER TO CALL FOR UNREPRESENTED FOLKS: 7654

 

Folks will be on shifts taking calls from 9:00 am to 9:00 pm. Spread the word!

 

Genna

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

Congratulations, Team!👍🏼👍🏼👍🏼👍🏼👍🏼

Thank goodness! Another courageous U.S. District Judge refusing to “buy into” the regime’s disingenuous, immoral “no problem until the bodies start piling up, it’s only the lives of migrants, not ‘real humans’” approach.

Imagine what would happen if all Federal Judges were willing to act on their oaths of office and uniformly reject all aspects of the regime’s unlawful, unconstitutional “Dred Scottification” program directed at “deterrence through death, disease, and dehumanization.” What would it take? What if the families of Federal Judges were treated with the same basic disregard for due process, life, health, and human dignity as the regime inflicts on migrants? What if the corrupt officials carrying out these programs and the lawyers who defend them were actually held accountable for their actions by the Federal Courts rather than largely being given “free passes”?

What if we had a Government that actually respected our Constitution rather than seeking to shred it?

Due Process Forever!

 

PWS

05-01-20