“DUE PROCESS FOREVER, XENOPHOBIA NEVER!” — Here’s An Inspirational Creation By The Courageous Students Of Professor Claire Thomas Of NY Law School, Stalwart Members Of The New Due Process Army!

This is derived from the closing lines of my speech to the 2019 FBA New York Asylum and Immigration Law Conference at NY Law School last Friday, March 8!

“Practicing what they preach,” Professor Claire Thomas of NY Law School and her courageous, smart, and dedicated students are now at the Southern Border saving lives and making a historical record of the cruel, ineffective, illegal, and bias-driven policies of the Trump Administration.

Thanks again to Professor Thomas, who was also one of the primary organizers of the “sold-out” Conference, and her inspiring students for all they are doing to preserve America and our system of justice against the attacks on the rule of law, our Constitution, and simple human decency by the scofflaw and incompetent Trump Administration.

Here’s the amazing Professor Thomas:

 

Due Process Forever, Xenophobia Never!

PWS

03-11-19

THE ART OF SOCIAL JUSTICE — HON. POLLY WEBBER’S TRIPTYCH “REFUGEE DILEMMA” HITS THE ROAD!

 

  1.  a) “Fleeing From Persecution;” b) “Caught in the Covfefe;” c) “Safe Haven;”
  2. The stories behold each rug by the artist, Hon. Polly Webber;
  3. Hon. Jeffrey S. Chase & Hon. Polly Webber admiring “Caught in the Covfefe” during a break at the 2019 FBA New York Asylum & Immigration Law Conference at NY Law School on March 8, 2019;
  4. Closeup of “Caught in the Covfefe.”

Art powerfully expresses the overwhelming need to fight for social justice and human dignity in the age of Trump’s unabashed cruelty, racism, and White Nationalism.

It’s even more powerful when the artist is Retired U.S. Immigration Judge Polly Webber (a proud member of “Our Gang” of retired judges) who has spent her life promoting Due Process, fundamental fairness, justice, and the rule of law in American immigration. She has served as an immigration attorney, former President of AILA, U.S. Immigration Judge, and now amazing textile artist bringing her full and rich life and deeply held humane values to the forefront of her art.

Thanks, Polly, for using your many talents to inspire a new generation of the “New Due Process Army!”

I’m only sorry that my photos don’t do justice to Polly’s art. Hopefully, the “real deal” will come to a venue near you in the future!

PWS

03-10-19

 

 

PARENTS VICTIMIZED BY SESSIONS’S CHILD ABUSE RETURN TO BORDER SEEKING THEIR CHILDREN, JUSTICE, & MERCY FROM A SYSTEM RUN BY THOSE WHO MOCK THE CONCEPTS! — Abusers Escape Accountability While Victims Continue To Suffer!

https://www.washingtonpost.com/world/the_americas/29-parents-separated-from-their-children-and-deported-last-year-arrive-at-us-border-to-request-asylum/2019/03/02/38eaba7a-2e48-11e9-8781-763619f12cb4_story.html

Kevin Sieff and Sarah Kinosian report for the Washington Post:

Twenty-nine parents from across Central America who were separated from their children by U.S. immigration agents last year crossed the U.S. border on Saturday, demanding asylum hearings that might allow them to reunite with their children.

The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

At about 5 p.m. local time, the families were taken to the U.S. side of the border by immigration agents, where their asylum claims will be assessed.

Although the Trump administration’s family separation policy has prompted congressional hearings, lawsuits and national protests, the parents have for nearly a year suffered out of the spotlight at their homes in Honduras, Guatemala and El Salvador. They celebrated birthdays and Christmas on video calls, trying to determine whether their children were safe.

Now, they will pose a significant test to the embattled American asylum system, arguing that they deserve another chance at refuge in the United States, something rarely offered to deportees.

Before the Trump administration, families had never been systematically separated at the border. And before Saturday, those families had never returned to the border en masse.

More than 2,700 children were separated from their families along the border last year, according to the Department of Health and Human Services. About 430 of the parents were deported without their children, and at least 200 of them remain separated today. Some waited in the hope that U.S. courts would allow them to return to the United States. Others paid smugglers to get them back to the border. Then came Saturday’s confrontation.

The group of parents walked toward the border here, flanked by local religious officials, and then waited at the entrance to the United States as the lawyers negotiated with U.S. officials. The parents sat on wooden benches, surrounded by their luggage, while officials decided how many of the parents to allow into the country.

Over the past three weeks, the parents stayed in a Tijuana hotel, sharing rooms and preparing for asylum hearings. They showed one another documents that their children had sent them: photos of foster families and report cards from Southwest Key, a company that runs shelters for migrant children.

A woman explained through tears how her daughter had tried to kill herself while in government custody. A man spoke about trying to communicate with his daughter, who is deaf, over a shelter’s telephone. Others carried bags full of belated Christmas gifts for their children.


José Ottoniel, 28, from Guatemala, at the Hotel Salazar in Tijuana, Mexico. Ottoniel was separated from his 10-year-old son, Ervin, and deported. (Carolyn Van Houten/The Washington Post)

Many of the parents, like José Ottoniel, from the tiny town of San Rafael Las Flores, Guatemala, said they had been pressured into signing deportation papers after being separated from their children, before they could begin their asylum claims. When he returned home after being deported in June, Ottoniel was told that his 10-year-old son, Ervin, was still in the United States at a shelter.


Ottoniel and Ervin are seen in a picture taken on Sept. 15, 2017, Guatemala’s independence day. (Daniele Volpe/for The Washington Post)

The family chose to keep Ervin in the United States with an uncle, rather than forcing him to return to the violence and poverty of their home village. It was a wrenching decision that Ottoniel’s wife, Elvia, who had remained in Guatemala when Ottoniel had tried to cross the border, eventually decided she couldn’t live with. In January, she paid a smuggler $8,000 to travel to the United States to reunite with Ervin in Arkansas, applying for asylum in South Texas.

A few days later, Ottoniel received a call from an American immigration lawyer with the Los Angeles-based legal advocacy group Al Otro Lado, which means “to the other side.” The attorney asked him if he was willing to travel the 2,500 miles from his village to the U.S.-
Mexico border to deliver himself once again to immigration agents.

Al Otro Lado had received more than a million dollars in financial assistance from organizations such as Families Belong Together and Together Rising, which mounted fundraising campaigns in the midst of the government’s separation policy. The lawyer told Ottoniel that the organization would pay for his buses, flights and hotels.

“At that point, we were already seeing some of these parents paying smugglers to bring them back to the U.S.,” said Erika Pinheiro, litigation and policy director for Al Otro Lado, which had interviewed deported parents from across Central America who feared for their lives because of violence in their home countries. “We needed to provide them with another option.”

For Ottoniel, who referred to his family as “disintegrated,” it seemed his best shot at a reunion.

“It was a chance to see my son again. How could I say no?” he said.

Ottoniel and other parents converged at a three-story hotel in Tijuana,where lawyers told them to remain quiet about their plans. They rehearsed how they would address U.S. immigration officials. They watched telenovelas. At night, they called their children across the border.

There was Luisa Hidalgo, 31, from El Salvador, whose daughter, Katherinne, 14, is in the Bronx with a foster family. The girl texted her mother the same words over and over: “Fight for me.”

Luisa Hidalgo, 31, from El Salvador, displays a jewelry box she purchased to give her daughter when they reunite. (Carolyn Van Houten/The Washington Post)

Hidalgo sits for a portrait Feb. 14 in Hotel Salazar. (Carolyn Van Houten/The Washington Post)

There was Antolina Marcos, 28, who said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. “How can I live when she’s so far away?” Marcos said.

There was Santos Canelas, 44, who said he fled Honduras with his 16-year-old daughter, Merin, in May after gang members threatened to sexually assault her. She is living in New Orleans with a cousin. “Without my daughter, I’m dead inside,” he said.

In most of the 2,700 cases from when the Trump administration separated families at the border last year, both the parents and children remained in the United States, sometimes held in shelters and detention centers thousands of miles apart. Almost all of those families have now been reunified and are in the process of pursuing their asylum claims.

But the cases of about 430 parents deported without their children were particularly difficult. Often, the government lost track of which child belonged to which parent, and it did not link their immigration cases, sending parents back to Central America without telling them where their children were.

In some of those cases, parents later made the painful decision to leave their children in the United States, typically with relatives, rather than bringing them back to the violence and poverty from which the families fled. In other cases, the U.S. government determined that the parents were unfit to receive their children, often based on their criminal records.

Pablo Mejia Mancia, 53, from Honduras, was separated from his 10-year-old daughter, Monica, when they crossed the border in Reynosa, Mexico. Monica was detained for 3½ months. (Carolyn Van Houten/The Washington Post)

Santos Canelas, 45, from Honduras, was separated from his daughter Merin, 16, who was detained for five months. Back home, gang members had threatened to rape his daughter. (Carolyn Van Houten/The Washington Post)

After Trump signed an executive order officially ending the family separation policy on June 20, lawyers launched a legal battle to reunify many of the deported parents and their children in the United States. The American Civil Liberties Union filed a lawsuit demanding that the government allow 52 parents back into the United States to pursue their asylum claims, which the lawyers argued had been stymied after the parents were separated from their children at the border.

But the government has not responded to that appeal and later said it needed more information about the parents from the ACLU. It remains unclear when, or if, the U.S. government will invite those parents back to the United States to launch new asylum claims.

“The government has resisted bringing anyone back who was separated and deported without their kids,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project. “We hope the government will take a fresh look at these cases.”

But as the government declined to articulate any plan to reunify the families, Pinheiro decided waiting much longer would put the parents at risk. Some had relocated to a safe house in Guatemala City to escape threats in El Salvador and Honduras. Some had already been without their children for more than a year, and those separations were taking a psychological toll.

“We gave them the option — you can wait for the court process, or you can do it this way,” Pinheiro said. Al Otro Lado worked with the ACLU to identify the separated parents in Central America, but the ACLU was not involved in bringing the 29 parents back to the border.

With few other options, Pinheiro said, almost every parent she approached accepted her offer. The parents first gathered in the Guatemalan city of Tecun Uman before crossing into Mexico with humanitarian visas that Al Otro Lado helped arrange. They flew to Mexico City and then to Tijuana, eventually taking a bus to Mexicali.

“We’re traveling back to the border where we lost our children in the first place,” said Pablo Mejia Mancia, 53, of Honduras, who was separated from his daughter, who is now 9 years old, when they crossed the border into Texas in May.


Antolina Marcos said she fled Guatemala after gangs began killing members of her family. She was separated from her 14-year-old daughter, Geidy, in May. (Carolyn Van Houten/The Washington Post)

It’s likely that some of the parents could be detained for months if the government decides to process their asylum claims. The U.S. policy of forcing asylum seekers to wait in Mexico has not yet been put into practice in Mexicali.

“They’re standing right at the border, preparing to reenter a system that traumatized their families months earlier,” Lindsay Toczylowski, executive director of the Immigrant Defenders Law Center, who counseled the parents in Tijuana, said before the parents crossed into the United States. “It says a lot about what they’re fleeing, and what they lost.”

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

Folks, we don’t have to look much further than Michael Cohen’s testimony (even if every word isn’t absolute truth), the House Judiciary GOP’s disgusting “head in the sand” performance, and Trump’s totally deranged two-hour litany of lies, distortions, fabrications, and White Nationalist myths before a deliriously giddy audience at CPAC this weekend to see that our country is in deep trouble. 

Four out of ten voters and a major party just don’t care if we’re “led” by a congenital liar, racist, and suck-up to the world’s worst dictators, who lacks any trace of human empathy, an essential ingredient for governing for the common good.

In the meantime, your tax dollars are being spent on misguided, wasteful, and counterproductive “immigration enforcement” and a failed Immigration Court system that no longer prioritizes Due Process and fundamental fairness. Never forget that the damage already done to these families and children might well be irreparable and that we are responsible as a nation for the atrocities, deceptions, and mindless cruelty carried out by Trump and his minions in our name. Yes, as these pictures by Carolyn Van Houten show, there are real human beings out there, decent people much more like us than we might choose to believe, who are suffering because of what our Government has become.

It could be a long uphill fight to save our republic.  But, that’s what the New Due Process Army is fighting to do every day!

PWS

03-03-19

GREAT NEWS ON THE SIJ FRONT: Legal Aid & Justice Center Reports Major Legislative Change To Help Endangered Juveniles in Virginia — PLUS BONUS COVERAGE: Dan Kowalski Reports On New SIJ Legislative Victory in Colorado! — It’s The “New Due Process Army” In Action Across The Country!

THREE OF THE “DUE PROCESS WARRIORS” FROM THE LEGAL AID & JUSTICE CENTER OF VIRGINIA:  Amy Woodard, Tanishka Cruz, & Simon Sandoval-Moshenberg

For Immediate Release

Contact:            Amy Woolard, (434) 529-1846, amy@justice4all.org

Simon Sandoval-Moshenberg, (703) 720-5605, simon@justice4all.org

NEW VIRGINIA LAWS HELP IMMIGRANT CHILDREN SEEK PROTECTION FROM ABUSE, NEGLECT, AND ABANDONMENT

RICHMOND: On Friday, February 22, the Virginia General Assembly passed SB 1758 and HB 2679, identical bills that will aid immigrant children fleeing abuse, neglect, and abandonment in their home countries in seeking protection from deportation in Virginia.

Across the country, many immigrant children and DREAMers facing deportation proceedings seek a form of immigration relief called “Special Immigrant Juvenile Status” (SIJS). SIJS is unique in that it requires a state court to issue a certain type of order before the child may even attempt to seek SIJS relief from the federal government. In a 2017 case called Canales v. Torres-Orellana, brought by the Legal Aid Justice Center, the Virginia Court of Appeals sharply restricted state judges’ ability to issue these orders, leaving hundreds of Virginia immigrant children without protection. Virginia became one of the most difficult states in the nation to obtain SIJS.

During this year’s General Assembly session, Legal Aid Justice Center worked closely with legislators and the Governor’s office to pass these bills, which would overturn the Canales case and restore Virginia immigrant children’s ability to apply for SIJS. The bills also address the needs of other children before the juvenile courts, easing the way for any Virginia child to seek a state court’s assistance in proving eligibility for other benefits such as adoption assistance, TANF assistance, and timely public school enrollment.

SB 1758 was introduced by Sen. Scott Surovell (D-Mount Vernon). HB 2679 was introduced by Del. Marcus Simon (D-Falls Church). The bills initially took different approaches to fixing this issue, and each passed their respective chambers with an overwhelming bipartisan majority of votes. The bills were then placed into committees of conference in an attempt to gain consensus, and identical bills emerged that combined the approach of both; they garnered unanimous support in the House, and only two dissenting votes in the Senate. The bills now go to Governor Northam’s desk for his signature; once signed, they will take effect on July 1 of this year. The conference report with bill text is available at: http://leg1.state.va.us/cgi-bin/legp504.exe?191+ful+SB1758S1+pdf

“Immigrant children in Virginia can breathe a little more easily now,” said Simon Sandoval-Moshenberg, Legal Director of Legal Aid Justice Center’s Immigrant Advocacy Program. “Our agency has represented over 150 children fleeing truly horrific situations of abuse or neglect in their home countries. Fairness dictates that they be afforded the same rights as immigrant children in any other state. Now these new DREAMers will be able to seek protection and apply to remain in the United States with green cards.”

“This excellent result could not have come about without the leadership and hard work of Senator Surovell and Delegate Simon, and the support of Governor Northam’s administration,” said Amy Woolard, Legal Aid Justice Center Attorney and Policy Coordinator. “Virginia’s Juvenile and Domestic Relations courts should exist to protect the best interests of all children in the Commonwealth, and these bills will now make clear that is true for immigrant children seeking safety through SIJS, as well.”

“The United States has a long history of protecting abused, neglected, and abandoned children, and the Commonwealth will continue to play its part,” said Sen. Surovell. “These bills will clarify and restore Virginia courts’ authority to make factual findings necessary to protect children fleeing abuse, neglect, and abandonment from abroad, and I appreciate the broad bipartisan support of legislators who saw this as consistent with Virginia’s longstanding values.”

“I’m so pleased we were able to pass this important legislation to give our courts the authority they need to be able help some of the most vulnerable and powerless people in our Commonwealth,” said Del. Simon. “It is so important that we not let victims of abuse, neglect, and often abandonment fall through the cracks because of a technical deficiency in our code. Those are the common sense problems we are elected to come down here and fix.”

A downloadable PDF of this statement may be accessed here.

# # #

Legal Aid Justice Center is a statewide Virginia nonprofit organization whose mission is to strengthen the voices of low-income communities and root out the inequities that keep people in poverty. We provide legal support to immigrant communities facing legal crises and use advocacy and impact litigation to fight back against ICE enforcement and detention abuses. More information is available at http://www.justice4all.org/.

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

And, here’s the latest from the fabulous Dan Kowalski, “Chief Immigration Guru” at LexisNexis Immigration Community:

Thanks to the efforts of the Rocky Mountain Immigrant Advocacy Network (“RMIAN”).

 

Passage of HB19-1042: Extension of State Court Jurisdiction for Vulnerable Youth 

RMIAN is thrilled to announce the passage of House Bill 19-1042 through the Colorado House and Senate. The bill was sponsored by Representative Serena Gonzales Gutierrez and Senator Julie Gonzales and is now awaiting signature by Governor Polis. This bill will allow immigrant youth who have been abused, neglected, and abandoned to gain access to Colorado State courts for necessary protection and care, and to establish their eligibility for federal immigration relief. Ashley Harrington with RMIAN Children’s Program helped to craft this important legislation with Representative Gonzales Gutierrez, Senator Gonzales, Denise Maes with the ACLU of Colorado, Kacie Mulhern with the Children’s Law Center, Ashley Chase from the Office of the Child’s Representative, Katie Glynn with Grob & Eirich, and Bridget McCann, a RMIAN pro bono family law attorney. Celebrating the law’s passage today Ashley Harrington says, “I am so proud and honored to have been a part of making this law a reality that will impact the lives of many vulnerable immigrant children and ensure that they can find safety and stability in Colorado.”

Denise Maes, Ashley Harrington, Senator Gonzales, Representative Gonzales Gutierrez, Katie Glynn and Kacie Mulhern at the Capitol 3/1/19.

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

Compare this with the Trump Administration’s cruel and shortsighted efforts to mindlessly restrict the scope of these important SIJ protections for some of our most vulnerable youth. Here’s my recent blog featuring WNYC’s Beth Fertig reporting on the Federal Judge’s adverse reaction to the DOJ’s disingenuous arguments “in defense of the indefensible” in his court. Talk about abuse of our court system by our Government! https://immigrationcourtside.com/2019/02/27/beth-fertig-wnyc-federal-judge-tires-of-administrations-absurdist-legal-positions-in-court/

SIJ cases also have the huge benefit of being processed outside the clogged U.S. Immigration Court asylum system, thus keeping many cases out of the largely artificially created “backlog” that is handicapping Due Process in Immigration Court.

There are many ways of using and building on current laws to make the immigration and justice systems work better. It’s a national disgrace that the Trump Administration isn’t interested in Due Process, fairness, or making our immigration system function in a more rational manner.

The good news: Eventually, the small minds, incompetence, and “radical White Nationalism” of this Administration and its enablers will be replaced by smarter, wiser, more capable folks like those in the LAJC, the RMIAN, and other members of the New Due Process Army. These are the folks who someday will lead us out of today’s darkness into a brighter and more enlightened future for all Americans!

PWS

03-02-19-

SYSTEMIC FAILURE: 9TH Circuit’s Most Recent Reversal Of BIA Demonstrates Disturbing Lack Of Basic Judicial Competence At All Levels Of EOIR – But, Even The 9th’s Rebuke Misses The Real Point – There Can Be No Due Process In Complex Cases Of This Type Without Legal Representation! – Arrey v. Barr

Arrey v Barr — 9th — Firm Resettlement

Arrey v. Barr, 9th Cir., 02-16-19, Published

SUMMARY BY COURT STAFF:

The panel granted in part a petition for review of the Board of Immigration Appeals’ decision affirming an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture to a citizen of Cameroon, and remanded.

The panel rejected petitioner’s contention that she was deprived of her due process right to a full and fair hearing based on the denial of her right to retained counsel and an unbiased fact finder. The panel held that the IJ in this case provided petitioner reasonable time to locate an attorney, where the IJ provided several continuances so she could do so, warned her repeatedly that he would not grant further continuances, and attempted to call her attorney when he failed to appear on the day of her merits hearing. The panel also held that although the IJ was rude and harsh with petitioner, petitioner failed to establish that the IJ’s conduct prejudiced her, where the IJ held a complete hearing and made a thorough decision that fully examined the underlying factual matters, and any potential prejudice caused by the IJ’s questionable adverse credibility determination was cured by the Board’s subsequent decision assuming the credibility of petitioner’s testimony in full.

The panel held that the Board committed three legal errors in its application of the firm resettlement bar, which precludes asylum relief if an applicant was firmly resettled in another country prior to arriving in the United States. First, the panel held that the Board erred by failing to consider whether the conditions of petitioner’s offer of resettlement in South Africa were too restricted for her to be firmly resettled. Second, the panel held that the Board erred by applying the firm resettlement rule not as a mandatory bar to petitioner’s asylum claim, but instead as a limitation on the evidence the Board considered in support of her claim for relief from removal to Cameroon, thus causing the Board to improperly ignore evidence of the abuse petitioner suffered in Cameroon before fleeing to South Africa, as well as evidence of the nature of her relationship with her abuser. Third, the panel held that the Board erred by applying the firm resettlement bar to petitioner’s withholding of removal claim, which is not subject to the firm resettlement bar.

Turning to petitioner’s CAT claim, the panel held that substantial evidence did not support the Board’s determination that petitioner could avoid future harm through internal relocation in Cameroon.

The panel remanded petitioner’s asylum, withholding, and CAT claims for further proceedings consistent with its opinion.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

 

PANEL: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and Frederic Block,* District Judge.

* The Honorable Frederic Block, United States District Judge for the Eastern District of New York, sitting by designation.

OPINION BY:  Judge Gould

KEY QUOTE:

Petitioner Delphine Arrey petitions for review of the Board of Immigration Appeals’ (“BIA” or “Board”) decision dismissing her appeal of an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We conclude that the IJ did not deny Arrey her due process rights to counsel and an unbiased factfinder. As to Arrey’s asylum and withholding of removal claims, we conclude that the Board erred as a matter of law in its analysis and application of the “firm resettlement” rule. As to Arrey’s claim for relief under CAT, we conclude that substantial evidence does not support the Board’s determination that Arrey could safely relocate in another area of Cameroon. We grant the petition in part and remand for reconsideration of Arrey’s claims consistent with our opinion.


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

Even the 9th Circuit “blew” the fundamental issue here: No matter how annoying the respondent’s conduct might have been, there was no way to conduct a fair hearing in a case of this complexity without counsel present.  

From this recitation of facts, it’s pretty obvious that the respondent had no idea what “firm resettlement” was or how the process for proving or disproving it worked. Going ahead with the hearing created a miscarriage of justice that simply wasted time by going all the way the 9th Circuit and then being returned for competent judicial adjudication applying the correct standards. Haste makes waste.

And the overwhelming backlog that obviously was on the judge’s mind here was not created by this respondent and her attorney; no, it primarily results from “aimless docket reshuffling,” poor administration, Congressional neglect, and “designed to fail policies” by politicos in the DOJ (under the improper and unethical political influence of the DHS) which went into “overdrive” under Sessions.

Getting to the merits, beyond apparently correctly setting forth the respondent’s name and “A number,” the Immigration Judge and the BIA got largely everything else in this case wrong! The basic errors range from a “clearly erroneous” adverse credibility ruling, to a legally incorrect standard for “firm resettlement,” to an idiotically nonsensical ruling that “threats and one attempted assault of rape” did not “rise to the level of persecution” (cases involving these facts were routinely granted by the BIA during my tenure and, to my knowledge, were uniformly granted by IJs in Arlington; indeed, I can’t even imagine an ICE Assistant Chief Counsel during my tenure in Arlington arguing the contrary), to wrong evidentiary determinations, to another completely nonsensical finding on internal relocation.

In other words, this was a “rubber stamp” by BIA “judges” of a staff attorney’s writeup with canned “any reason to deny” language. It was not a fair and impartial adjudication by an “expert” group of appellate judges.

Far from it. If a student had turned this in as an exam answer to a hypothetical case on my Georgetown Law final exam, it would have received “zero credit.” So, how is it “OK” to have a system where individuals in what are supposed to be senior judicial positions, requiring great expertise in immigration, asylum, and human rights law, perform in a manner that would have been deemed unacceptable for L2s and L3s?

It isn’t; and it’s up to the Article III Courts and Congress to get some backbone and some integrity and put an end to this travesty. Yeah, this is “only one case.” But, it involves a human life. Cameroon is a horrible country; credible Cameroonian asylum cases were routinely granted in the Arlington Immigration Court, normally without appeal by ICE.

And for every case where a respondent is lucky enough to get a “Court of Appeals intervention,” dozens of individuals, many without lawyers or the faintest knowledge of what’s happening, are “railroaded” through this fundamentally unfair and constitutionally defective system. This, rather than the bogus wall, or an influx of desperate refugee families seeking asylum, is our true “national emergency” involving immigration: The disdain by our current Administration for the rule of law, human rights, judicial quality, simple human decency, and Due Process of Law under our Constitution! 

Congrats to Attorney Ron Richey, an “Arlington Immigration Court regular,” who appeared before me many times, for fighting for due process and justice in another jurisdiction. You are an inspiration to all of us in the “New Due Process Army!”

PWS

03-01-19

NEWEST BATTALION OF THE “NEW DUE PROCESS ARMY:” I Gave The Inaugural Speech To The Tulane Immigration Law Society (“TILS”)!

TILS President Sophia I. Barba, Me, TILS Vice President Amanda M. Glenz

New Orleans, LA

February 14, 2019

Here’s a link to the “video version” of “Welcome to The Breakfast Club — Tulane Law Version:”

https://wavetulane-my.sharepoint.com/personal/pdunn_tulane_edu/_layouts/15/onedrive.aspx?id=%2Fpersonal%2Fpdunn%5Ftulane%5Fedu%2FDocuments%2FStudent%20Organizations%2FWelcome%20to%20the%20Breakfast%20Club%2DTulane%20Law%20Edition%2Emp4&parent=%2Fpersonal%2Fpdunn%5Ftulane%5Fedu%2FDocuments%2FStudent%20Organizations

And, here’s the “complete transcript of proceedings” prepared by Sophia Barba (good practice for a future stint as a Judicial Law Clerk at the U.S. Immigration Court, Sophia):

Transcription Tulane Law 2019

Congratulations again to Sophia, Amanda, and the other wonderful members of the TILS.  Honored to have you join the NDPA. Also thanks to Professor Mary Yanik and my good friend and former Georgetown Law colleague Professor Laila Hlass for being the “faculty support” for TILS.  And, of course, it was a singular honor to have been your inaugural speaker.

PWS

02-28-19

INTERNATIONAL RESCUE COMMITTEE: YOU DON’T NEED A LAW DEGREE TO KNOW THIS SIMPLE TRUTH: Seeking Asylum In The U.S. Is Legal; Turning Away Asylum Seekers Is Not!

https://www.rescue.org/article/fact-check-what-national-emergency-do-we-need-wall

Behind the headlines

Fact check: What is the national emergency? Do we need a wall?

At the same time vulnerable families are reportedly being returned across the border to wait for their asylum claims to be processed, under a new administration policy called “Remain in Mexico.” Rather than make America safer, these policies will expose Central American children and families who have fled persecution, torture and violence to even more danger and uncertainty. Here’s what you need to know:

There is no national emergency at the border.

The number of irregular border crossings is actually at historic lows, according to Customs and Border Patrol figures. “This is clearly a manufactured ‘emergency,’” says Jennifer Sime, senior vice president, U.S. Programs for the International Rescue Committee.

The crisis is elsewhere.

The real crisis is the instability in Central America, which is forcing people to flee for their lives. People living in Honduras, Guatemala and El Salvador are enduring some of the worst violence outside an active war zone. Many of those fleeing to the U.S. border have traveled together in caravans for safety.

A Central American girl holds a book as others traveling in a caravan climb the Mexico-U.S. border fence in an attempt to cross to San Diego County.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people and the right to seek asylum.

Photo: ​​GUILLERMO ARIAS/AFP/Getty Images

But rather than offering safe haven, the U.S. administration continues to block people from claiming asylum, separate families as part of its ‘zero tolerance’ effort, and forcibly return asylum seekers to Mexico as part of the ‘Remain in Mexico’ policy.

Seeking asylum is legal. Turning away asylum seekers is not.

Every nation has the right to control its border. Both U.S. and international law also provide for the safe and legal movement of vulnerable people—including Central American refugees and asylum seekers—and the right to seek asylum.

The administration’s policies violate these laws, and rob asylum seekers of their due process rights, including access to legal counsel. They will also expose thousands of families and children to unsafe conditions.

IRC staff who have been in Tijuana say people awaiting asylum claims, and those helping them, are fearful as they face a credible risk of being targeted by violence. “They have called the idea of sending people back appalling, and sending children in particular, unthinkable,” says Jennifer Sime.

The emergency declaration harms America

The emergency declaration and systematic attacks on asylum seekers by the U.S. administration place some of the most vulnerable people on earth in harm’s way. Alongside reports of forcibly returned children, they fatally undermine the United States’ strategic leadership and moral clarity on humanitarian issues.

Read our full statement:  IRC responds to U.S. Emergency Declaration, reports of forcible return of children to Mexico (Feb. 15, 2019)

How the IRC helps

The International Rescue Committee is calling on the U.S. administrationto rescind this cruel and irresponsible policy, follow domestic and international law, and uphold America’s humanitarian commitments.

In addition to speaking out, the IRC provides emergency assistance to help those in El Salvador who are most at risk to find shelter and safety, as well as cash assistance to help people rebuild their lives.

In the U.S., the IRC will continue to help meet asylum seekers’ basic needs, facilitate family reunifications, connect people to critical legal services and help them access psychosocial support.

Stand with asylum seekers

Instead of receiving the welcome and protection they need, families fleeing violence have had the door slammed in their faces when they reach the U.S.

 

Join the “New Due Process Army” and fight to uphold our laws and Constitution against a scofflaw and dishonest Administration.
PWS
02-24-19

JUDICIAL BRAIN DRAIN: As Outlaw Administration Attacks Due Process & Attempts To Institutionalize Xenophobic Bias, Experienced, Conscientious U.S. Immigration Judges Head For The Exits – Abandonment Of Scholarship, Fairness, Commitment To Due Process Threatens Entire U.S. Justice System!

https://www.buzzfeednews.com/article/hamedaleaziz/immigration-policy-judge-resign-trump

Hamed Aleaziz reports for BuzzFeed News:

Being An Immigration Judge Was Their Dream. Under Trump, It Became Untenable.

“It has become so emotionally brutal and exhausting that many people I know are leaving or talking about finding an exit strategy,” said one immigration judge. “Morale has never, ever been lower.”

Posted on February 13, 2019, at 6:15 p.m. ET

Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018.

Constanza Hevia for BuzzFeed News

Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018.

SAN FRANCISCO — Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job — being an immigration judge — was no longer tenable. It was June 11, 2018, and then–attorney general Jeff Sessions, her boss, was speaking to a room packed with immigration judges, running through his list of usual complaints over what was, in his estimation, a broken asylum system.

Toward the end of the speech, Sessions let slip some big news: He had decided whether domestic abuse and gang victims could be granted asylum in the US. Advocates, attorneys, and judges had been waiting months to see what Sessions, who in his role as attorney general had the power to review cases, would do. After all, it would determine the fate of thousands of asylum-seekers, many fleeing dangerous situations in Central America.

Sessions didn’t reveal to the room the details of his ruling but Jamil, based in San Francisco since she was appointed in 2016, learned later that day that the attorney general had decided to dramatically restrict asylum protections for domestic abuse victims.

“I’d seen the faces of these families,” the 43-year-old judge said. “They weren’t abstractions to me.”

Hundreds of people overflow onto the sidewalk in a line snaking around the block outside a US immigration office with numerous courtrooms in San Francisco.

Eric Risberg / AP

Hundreds of people overflow onto the sidewalk in a line snaking around the block outside a US immigration office with numerous courtrooms in San Francisco.

Jamil, a mother of two young daughters, had been shaken by the images and sounds that came as a result of the Trump administration’s policy to separate families at the border. As a judge who oversaw primarily cases of women and children fleeing abuse and dangers abroad, this was the last straw.

Soon after, she stepped down from the court.

“I can’t do this anymore,” she told friends. “I felt that I couldn’t be ‘Rebecca Jamil, representative of the attorney general’ while these things were going on.”

In many ways, her resignation underscores the tenuous position of immigration judges, who are overseen by the attorney general and susceptible to the shifting winds of each administration. To avoid potential conflicts, the union that represents the judges has long called for its court to be an independent body, separate from the Department of Justice.

The Trump administration has undertaken a monumental overhaul of the way immigration judges, which total around 400 across the country, work: placing quotas on the number of cases they should complete every year, ending their ability to indefinitely suspend certain cases, restricting when asylum can be granted, and pouring thousands of previously closed cases back into court dockets.

In the meantime, the case backlog has jumped to more than 800,000 under the administration and wait times have continued to skyrocket to hundreds of days.

The quotas in particular have made judges feel as if they were cogs in a deportation machine, as opposed to neutral arbiters given time to thoughtfully analyze the merits of each case.

“The job has become exceedingly more difficult as the court has veered even farther away from being administered as a court rather than a law enforcement bureaucracy,” said Ashley Tabaddor, an immigration judge who heads the National Association of Immigration Judges, a union representing around 350 judges.

And it’s not just Jamil who has departed because of the massive changes to the court undertaken by the Trump administration, according to observers within the Department of Justice and those on the outside. While some, like Jamil, have resigned, others have retired early in large part because of the policies instituted under Trump, they said.

For those remaining at the immigration court, the mood is bleak.

Attorney General Jeff Sessions speaks during a news conference on Oct. 16, 2018.

Justin Sullivan / Getty Images

Attorney General Jeff Sessions speaks during a news conference on Oct. 16, 2018.

“It has become so emotionally brutal and exhausting that many people I know are leaving or talking about finding an exit strategy,” said one immigration judge who declined to be named. “Morale has never, ever been lower.”

Another Justice Department official, who was not authorized to speak on the record, told BuzzFeed News, “It is exhausting when you feel undervalued by the people at the top of your organization, especially when they are motivated by partisanship and have not spent their careers doing the job that you do.”

Tabaddor, the head of the union, said that her group has noticed a higher rate of retirements and resignations than in the past because of the way judges have been treated under Trump.

Some have been bold in their timing. John Richardson, a former immigration judge in Phoenix, stepped down on Sep. 30, 2018 — the day before the administration instituted a quota for the number of cases to be completed by judges.

“The timing of my retirement was a direct result of the draconian policies of the Administration, the relegation of [judges] to the status of ‘action officers’ who deport as many people as possible as soon as possible with only token due process, and blaming [judges] for the immigration crisis caused by decades of neglect and under funding of the Immigration Courts,” he said in a statement to BuzzFeed News.

Another judge who resigned from the bench in September told staff members in a goodbye email, “I know things are getting difficult for you at [the Executive Office for Immigration Review], but I believe all you will ‘ride through the storm’ and ‘come out with a smile.’”

There have long been work challenges for immigration judges, including heavy caseloads and assignments, leading to comparatively high burnout rates. Justice Department officials told BuzzFeed News that concerns over retirements were nothing new.

According to the agency, from the beginning of fiscal year 2014 through Feb. 12, 2019, 94 immigration judges have retired, separated, or died. More than a third of those judges, 32, have left since Oct. 1, 2017. The agency does not track why judges leave their positions.

To those within the court and others who have recently retired, the situation has worsened to an unprecedented level. Richardson, the former judge in Phoenix, said he would have continued presiding over immigration cases if the status quo had remained.

“Yes, I was 75 years old with over 50 years of honorable federal service with the Department of Defense and the Department of Justice, but had no plans for retirement as long as I was treated with respect, appreciated, and provided adequate support,” he said. “I had 28 years as an IJ and very much enjoyed my job, even with the poor funding and lack of support by Congress and the White House during that 28 years.”

Jeff Chase, a former immigration judge who stepped down years ago and who speaks regularly with others who’ve left the bench, was blunt in his characterization.

“The fastest growth industry is former immigration judges,” Chase said. Those still on the bench have told him, “It’s horrible. Whatever you think it is, it is much, much worse.”

In the meantime, the Trump administration has hired more than 100 judges to not only fill the vacancies of those who’ve retired but to add numbers to the bench. It’s a rehauling of the courts that could “have a drastic impact,” according to Chase.

Many of the judges retiring in recent months are experienced jurists, hired by the Clinton administration in the mid to late ’90s, he said. These judges, Chase said, were more willing to push back on claims made in court by US Immigration and Customs Enforcement or to allow immigrants extended time to make their cases in what could otherwise be a rushed procedure.

In their place, Chase said, are judges hired by the new administration with case completion quotas, a two-year probation period, and a mandate to avoid showing sympathy for the people appearing before them.

“Even if it doesn’t show up on the sheet, just the level of humanity, that makes a huge difference — that’s what this administration is trying to remove from the immigration judge corps,” he said.

Rebecca Jamil holds her immigration judge certificate.

Constanza Hevia for BuzzFeed News

Rebecca Jamil holds her immigration judge certificate.

For her part, Jamil wanted to become an immigration judge from the earliest moments of her legal career. After working as a staff attorney at the 9th Circuit US Court of Appeals, she joined the government as a prosecutor with ICE in 2011, where she was able to use discretion to focus deportation efforts on those with serious criminal backgrounds. Under the Trump administration, ICE attorneys have been told that nearly all undocumented immigrants are priorities for deportation.

In 2014, Jamil took a chance to fulfill her dream: She applied to become an immigration judge. It was a 17-month process, full of drawn-out interviews in Washington, DC, but finally, in 2015 she received a phone call informing her that she got the job.

“I thought, and I must have told most people I know, that this is the last job that I would ever have. It’s all I wanted to do,” she said.

Jamil dedicated herself to the exhausting career. She oversaw a docket made up primarily of families and regularly heard cases in which women and children applied for asylum based on abuse that they had experienced by partners and family members abroad.

Day in and day out, Jamil heard intense testimony of physical and sexual violence against women and children.

“You’re sitting in a windowless room and people tell you the very worst parts of their life and you have to decide if it is enough to stay in the US,” she said. “That is very tiring day after day to be the person who makes that decision.”

Then, under the Trump administration, things started to change. In 2018, Sessions instituted a new policy, severely limiting when judges could suspend certain cases. Suddenly, her docket expanded and she wasn’t allowed to decide which cases deserved to remain in court and which didn’t.

Jamil and fellow immigration judges were in attendance at the Virginia conference where Sessions spoke for annual trainings on courtroom procedure. The year before, jurists heard substantive legal updates and trainings on bias in the courtroom.

This version of the training, however, felt different.

“The entire conference was profoundly disturbing. Do things as fast as possible. There was an overarching theme of disbelieving aliens and their claims and how to remove people faster,” Jamil said. “That is not what I saw my job as an immigration judge to be. I was not trained to do that.”

Soon after she returned home, Jamil put in her resignation. Her colleagues fretted, probing her about whether she had considered the type of judge that could fill her spot on the bench and the impact that could have.

She didn’t have an answer, but she knew that she couldn’t do it any longer.

“Family separations; Sessions making his own case law on asylum; when we could continue cases — I could no longer sit below the seal of the Department of Justice and represent the Department of Justice at that point,” Jamil said. “They just chipped away at our authority on a daily basis. It felt like we weren’t really judges. It was frustrating and demoralizing.”

A former colleague, Laura Ramirez, worked for years as an immigration judge in San Francisco. In December, she retired at the earliest date possible, five days after she turned 60.

The changes put in place by the Trump administration, especially the case quotas, and the politicization of her job, became too much to handle.

The loss of judges like Jamil and others could be immeasurable to both immigrants and Department of Homeland Security attorneys, Ramirez said.

“For the system of justice, there’s these highly qualified, fair, thoughtful people who are being squeezed out of the system for political reasons, basically,” she said. “If people like her are squeezed out, it’s a loss to people who appear before her. The system can’t be fair if good people like her are pushed out.”

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Forcing the “best, brightest, and fairest” out. Reinforcing “worst practices.” Enabling judges with well-established records of anti-asylum, nationality-based, and misogynistic bias. Attacking those private attorneys who steadfastly defended legal and Constitutional rights that were being systematically undermined by the Administration. Blaming others for his own incompetence and lack of scholarship. That’s what the “Sessions program” was all about.

The only good news: folks like Judge Jamil, Judge Ramirez, Judge Richardson, and Judge Chase are now part of the ever-growing “Our Gang” of retired Immigraton Judges helping others to fight the injustices and destruction of Due Process being pushed by the Trump Administration and a DOJ that has abandoned its mission in favor of a White Nationalist political agenda. Our voices are being heard in support of the efforts of the “New Due Process Army.”

And, while I doubt that anyone outside of Trump and Miller can match the viscous lies, racism, and knowingly false narratives of Sessions, I wouldn’t expect much improvement under Barr. Barr thought Sessions was “the greatest thing since sliced bread.” That, more than the Mueller investigation, should have caused all Democrats to vote against his confirmation. He’ll just “lose” some of the overtly racist and inflammatory lingo of the White Nationalist restrictionists and attack immigrants on the basis of bogus “strict enforcement” platitudes.

Every American who believes in our Constitution and thinks that America is different from the “Banana Republics” we often criticize will be threatened by this development. Malicious harm to the most vulnerable among us is harm to all; and the collapse of one of the “building blocks” at the “retail level” of the American justice system will adversely affect everybody’s ability to get justice with fairness and impartiality.

Many of us don’t think we will need fair, independent, and impartial courts until we do. Once the Trump Administration destroys them, they won’t easily be rebuilt.

Who will defend your rights when the time comes if you stand by and watch the rights of others being trampled?

PWS

02-14-19

 

 

TRUMP TAKES “LIEFEST” TO EL PASO BORDER — Many Protest Against His White Nationalist Baloney! 

TRUMP TAKES “LIEFEST” TO EL PASO BORDER — Many Protest Against His White Nationalist Baloney! 

https://www.latimes.com/politics/la-na-pol-trump-beto-border-rallies-20190211-story.html

Eli Stokols & Molly Hennessy-Fiske reports for the LA Times:

President Trump falsely told a raucous rally in El Paso on Monday night that he is already building a wall on the adjacent border with Mexico, as a potential Democratic challenger assailed him at a large protest nearby and, in Washington, congressional negotiators announced a tentative funding deal without the billions he demanded for a wall.

Beneath banners reading “Finish the Wall,” Trump hailed what he called a “big, beautiful wall right on the Rio Grande,” though no such construction is known to be underway. When supporters launched into a chant of “Build the wall!” — standard at his rallies for years — Trump corrected them: “You mean finish the wall.”

The president alluded to lawmakers’ announcement of a deal, which came moments before he took the stage, but did not give it his blessing. Nor did he disparage it though one of his foremost confidants, Fox News host Sean Hannity, came on the air midway through the president’s rally and condemned the reported agreement as “this garbage compromise.”

Without the president and Congress agreeing to a border security funding bill by midnight Friday, the government could be partially shuttered again, just three weeks after a shutdown that at 35 days was the longest ever. The “agreement in principle” called for $1.375 billion for 55 miles of new barrier on the 2,000-mile border — less than a quarter of the $5.7 billion Trump demanded.

He told the crowd that he hadn’t bothered to find out the particulars of the agreement because he was eager to take the stage. “I could have stayed in there and listened, or I could have come out to the people of El Paso, Texas,” he said. “I chose you.”

Outside the El Paso County Coliseum, thousands of protesters, bundled against the evening chill, marched along the Rio Grande to a nearby park. There, El Paso’s former congressman and a possible Democratic 2020 presidential candidate, Beto O’Rourke, joined other locals who spoke of El Paso and neighboring Juarez, Mexico, as one community and expressed indignation over Trump’s false characterization of their city as a violent one in last week’s State of the Union address.

“With the eyes of the entire country upon us, all of us together are going to make our stand. Here in one of the safest cities in the United States of America — safe, not because of walls but in spite of walls,” O’Rourke said, in the sort of rousing speech that brought nationwide attention to his Senate race last year, though he lost to Republican Sen. Ted Cruz.

“Let’s own this moment and the future and show this country there’s nothing to be afraid of when it comes to the U.S.-Mexico border,” O’Rourke said to cheers. “Let’s make sure our laws, our leaders and our language reflect our values.”

Late Monday, the House-Senate committee bargaining over border security funding and trying to avert another shutdown reached an “agreement in principle,” according to Sen. Richard C. Shelby (R-Ala.), chairman of the Senate Appropriations Committee. Talks had stalled on the weekend, Republicans said, over Democrats’ demands to limit the detention of undocumented immigrants, many of them seeking asylum.

Should Congress pass a compromise, the onus would be on the president to accept it, or risk taking blame again for a partial federal shutdown. Before arriving in El Paso, Trump sought to preemptively shift blame to Democrats should the legislative effort ultimately fail. After the recent shutdown, polls showed the public put the blame squarely on him, and his approval rating slid.

With both his rally and the protest featuring O’Rourke receiving national coverage, the split-screen moment promised something of an audition of a hypothetical 2020 matchup, effectively creating a live debate between the president and a charismatic potential challenger on the issue that most animated Trump’s followers in 2016 and probably will again in his reelection bid.

Before leaving the White House, the president signaled that he too saw the dueling rallies as an early competition, with his familiar emphasis on crowd sizes. “We have a line that’s very long already,” Trump told reporters at the White House, referring to people waiting to enter his El Paso venue. He added, “I understand our competitor’s got a line too, but it’s a tiny little line.”

At his rally, Trump bragged that 10,000 supporters were inside the arena and 25,000 more were standing outside. According to the El Paso Fire Department, 6,500 people — the building’s capacity — were allowed inside, while at least 10,000 attended the protest rally. Organizers, however, had a slightly lower estimate.

“We have 35,000 people tonight and he has 200 people, 300 people,” Trump said. “Not too good. That may be the end of his presidential bid.”

While the border visit was intended as an opportunity for Trump to promote his signature issue, he wandered widely in his remarks — attacking Democrats repeatedly, including on abortion and on a so-called Green New Deal environmental platform that some are advocating, and mocking Virginia Democrats for controversies that have roiled the state’s government.

Trump’s drumbeat on immigration has yet to pay political dividends beyond his own supporters, and it has further galvanized his opponents. His fear-mongering during campaign rallies last fall over caravans of immigrants failed to prevent a Democratic wave that cost Republicans a net 40 seats and their majority in the House.

And during his State of the Union address, his incorrect portrayal of El Paso — he said it had “extremely high rates of violent crime” and was “one of our nation’s most dangerous cities” until the government built a “powerful barrier” there — touched a nerve among civic leaders and citizens.

The El Paso County Commissioners Court on Monday approved a resolution assailing the president and his administration for misinformation and lies about a “crisis situation” on the U.S.-Mexico border, and noting that the federal government said “no crisis exists” and that “fiscal year 2017 was the lowest year of illegal cross-border migration on record.”

Yet Trump, at the rally, denounced his critics and media fact-checkers who disputed his claims that existing border fencing had slashed crime rates in El Paso. “They’re full of crap when they say it doesn’t make a difference,” he said, suggesting that local officials tried to “pull the wool over everybody’s eyes” by reporting low crime rates.

Lyda Ness-Garcia, a lawyer and founder of the Women’s March of El Paso, said organizers of Monday night’s protest were motivated to counteract Trump’s “lies” about their city.

“There was a deep sense of anger in our community, from the left and the right. It’s the demonization of our border. It’s the misrepresentation that the wall made us safe when we were safe long before,” she said.

Referring to the Mexican city just over the border, Garcia added: “We’re connected to Juarez. People forget. We’re not separate. We’re one culture.”

In truth, violent crime dropped in El Paso after a peak in 1993. It was at historic lows before Congress authorized a fence along the Rio Grande in 2006. Crime began to rise again over the next four years, after the fencing went up.

The city’s Republican mayor, Dee Margo, admonished Trump after the State of the Union speech, saying during an appearance on CNN that the president’s depiction of El Paso is “not factually correct.”

Fernando Garcia, executive director of the Border Network for Human Rights, said organizers intended the march as a community celebration rather than an anti-Trump or pro-O’Rourke political event. “The administration, they didn’t believe our community would react, that people would get upset about the lies,” he said. “Our community spoke in numbers.”

Garcia noted that residents had seen the fallout from the Trump administration’s “zero tolerance” immigration policies firsthand, both in family separations and in asylum-seekers being turned away from border bridges and required to remain in Mexico while they await hearings.

In December, two Guatemalan migrant children died in Border Patrol custody in the El Paso area after seeking asylum.

“Trump has created policies and strategies that have created deep wounds in our region,” Garcia said. “We are not a violent city. We are not criminals. We are part of America and we deserve respect from this president.”

Although the protest event brought together roughly 50 local groups, O’Rourke’s political star power generated significant media coverage.

“If you’re Beto, there couldn’t be a better, more visual contrast,” said Jen Psaki, a former communications director to President Obama. “By leading a march, he gets back to his grass-roots origins and it allows him to stand toe to toe with the president of the United States and to echo a message that even local Republicans agree with. It gives him a platform and a megaphone at a beneficial time.”

Not willing to cede the moment completely to O’Rourke, Julian Castro — a former mayor of San Antonio, an Obama Cabinet member and already a declared presidential candidate — went Monday to the border checkpoint where his grandmother entered the United States as a young girl. He filmed a video denouncing the president and calling Trump’s visit to El Paso an effort “to create a circus of fear and paranoia” and “to tell lies about the border and about immigration.”

Speaking directly into the camera, Castro added, “Don’t take the bait.”

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Eli Stokols is a White House reporter based in the Los Angeles Times Washington, D.C., bureau. He is a veteran of Politico and the Wall Street Journal, where he covered the 2016 presidential campaign and then the Trump White House. A native of Irvine, Stokols grew up in a Times household and is thrilled to report for what is still his family’s hometown paper. He is also a graduate of UC Berkeley and the Columbia University Graduate School of Journalism.

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Molly Hennessy-Fiske

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Molly Hennessy-Fiske has been a staff writer for the Los Angeles Times since 2006. She won a 2018 APME International Perspective Award;2015 Overseas Press Club award; 2014 Dart award from ColumbiaUniversity; and was a finalist for the Livingston Awards and Casey Medal. She completed a Thomson Reuters fellowship in Lebanon in 2006 and a Pew fellowship in Mexico in 2004. Hennessy-Fiske grew up in Upstate New York and graduated from Harvard College. She spent last year as Middle East bureau chief before returning to cover foreign/national news as Houston bureau chief.

COMMENTS (41)

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The racist lies about immigration just keep spewing forth from Trump and his White Nationalist support groups, including the “right wingnut” media.

We’re not being invaded by foreign criminals. Actually, we’re experiencing a quite predictable and potentially manageable influx of refugees seeking to exercise their legal rights to lawfully apply for asylum in the US. Not surprising, given that we have no viable refugee program in or near the Northern Triangle and have undoubtedly contributed to the breakdown of the rule of law and society in those “failed states.” 

The idea that real criminals, terrorists, drug smugglers, or human traffickers will be stopped or even materially deterred by a Wall is beyond absurd. Walls generally “reroute migration” and kill more innocent people. Real threats to our security are laughing at Trump and his base while they view the diversion, wasted time and money, and the failure to beef up intelligence, undercover, and anti-smuggling operations as a free gift.

And, I’m sure they cheer the focus on “rounding up” and detaining asylum applicants who turn themselves in to apply for asylum (because Trump has intentionally disabled reasonable processing through legal ports of entry) instead of doing the real law enforcement work of breaking up criminal enterprises. 

“Numbers” aren’t everything, particularly when the majority of the apprehensions have little to do with criminals or other “bad guys. But, it’s easier to “chalk up big numbers” and support a bogus White Nationalist narrative about “loss of border security” by apprehending asylum applicants who are in search of ever more elusive justice in the U.S.

Unfortunately, outright fibs and bogus racist narratives seem to work for our “Lier-in-Chief!” Here is an article from today’s NY Times by native Texan Richard Parker actually suggesting that Trump succeeds because Texans are as addicted to “Tall Tales” as Trump is to “Big Lies!” In other words, a “match made in Heaven.”  https://www.nytimes.com/2019/02/12/opinion/el-paso-trump-beto.html

Rather an unhappy commentary, if true. Who am I as a “mere Badger” to say, but I would suspect that these tall tales of fake invasions and bogus fear mongering directed mostly at the growing Latino community appeal more to some Texans than to others.

Just shows the importance of the work of the New Due Process Army (“NDPA”) in defending our laws and Constitution!  Also illustrates the importance of committing ourselves to “regime change” in 2020. The immigration nonsense from Trump and his supporters and the intentional divisiveness, chaos, and anarchy that flow from it is an existential threat to our national existence  much greater than his mostly fake “border emergency.” 

PWS

02-12-19

EXPOSED: In Matter of A-B-, Sessions & An Immigration Judge Found That The Government Of El Salvador Offered “Reasonable Protection” To Persecuted Women & That Internal Relocation Appeared “Reasonably Available” To A Severely Battered & Threatened Woman — They Lied!

https://www.washingtonpost.com/world/el-salvador-votes-for-president-as-the-country-seeks-a-new-way-to-deal-with-gangs/2019/02/02/1ce34c1e-2288-11e9-b5b4-1d18dfb7b084_story.html

Anna-Catherine Brigida reports on the recent El Salvadoran presidential election for the Washington Post:

. . . ..

“The ultimate actor who determines whether you have more or less homicides tomorrow or right now or in a week is not the government. It’s the gangs,” said José Miguel Cruz, an expert on Salvadoran gangs at Florida International University. “They do it for political purposes as a bargaining tool to improve their position vis-a-vis the government or vis-a-vis the society.”

. . . .

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Read Anna’s complete article at the link.  This is a “must read” for members of the NDPA or anyone else handling El Salvadoran asylum cases in this “Post-Matter of A-B- Era.”

Fact is, the gangs are in many practical ways the “de facto government” in El Salvador. That makes Sessions’s suggestion that persecuted individuals can get reasonable protection from the government or avoid persecution in a tiny, totally gang-infested country absurdly disingenuous. It also calls into question the judicial integrity of those U.S. Immigration Judges who mindlessly “parrot” Sessions’s “parallel universe” dicta regarding conditions in El Salvador. Indeed, it has been reported elsewhere that gangs are actually the largest employer in El Salvador, exercising far more power over politics and the economy than the government! https://www.newsweek.com/ms-13-barrio-18-gangs-employ-more-people-el-salvador-largest-employers-1200029

Also, this article illustrates the absurdity of the position often taken by the BIA and some Immigration Judges that resistance to gangs is not a “political act.” In a country where gangs and government are inextricably intertwined, and gangs actually control more of the country than does the national government, of course resisting or publicly standing up against gangs is an expression of political opposition to those in power. And, it’s a political statement for which the consequences all too often can be deadly.

Matter of A-B- has yet to be tested in a Court of Appeals. But, it spectacularly “flunked” its initial judicial test before Judge Sullivan in Grace v. Whitaker. https://wp.me/p8eeJm-3rd  Judge Sullivan clearly saw through many of Sessions’s biased conclusions that contradict not only  the history and purpose of he Refugee Act, but also well established case law. Although A-B- was an Immigration Court case, and many of Sullivan’s conclusions would apply in Immigration Court proceedings, EOIR saw fit to construe Grace narrowly as applying solely in “Credible Fear Reviews.” https://wp.me/p8eeJm-3BE

It’s important for advocates to press all challenges to Matter of A-B- in the Circuit Courts of Appeals. If appellate judges agree with Judge Sullivan, all of the erroneous “summary denials” of asylum based on A-B- will come back to Immigration Court for rehearings, thus further adding to the Administration-created mess in America’s most dysfunctional and fundamentally unjust court system, where Due Process for asylum seekers has become a bad joke rather than the watchword.

PWS

02-04-19

 

 

TRUMP’S IMMIGRATION POLICY: “MALICIOUS INCOMPETENCE!” — Also, ICE Intentionally Falsifies Court Hearing Dates — Where Is The Accountability?

https://www.truthdig.com/articles/incompetence-plus-malice-add-up-to-trumps-losing-formula-on-immigration/

Bill Boyarsky writes for Truthdig:

From the beginning of Donald Trump’s presidential campaign, the immigration issue has defined his political profile. More than anything else, it has opened a window on his authoritarian mind, his disdain for the truth and for democratic institutions. Such contempt has revealed the dangers of Trumpism to much of a nation governed, often imperfectly, by the law. The way immigrants are locked up in detention centers without trial warns us of the possibility of a police state.

Last week, the president’s braggadocio crumbled in the face of facts and the strategic opposition of House Speaker Nancy Pelosi. She clearly saw beyond the façade as she took the measure of her opponent.

Trump’s signature combination of untruthfulness, ignorance and arrogance became evident to the country on Friday when maps appeared on cable television showing planes stacking up at airports, sending passengers into a state of exasperation that transcends partisan politics. Those deficiencies were further exposed when he, while putting an end to the protracted government shutdown, used his concession speech in the White House Rose Garden on Friday to rehash his lying attacks on immigrants.

Trump repeated his call for a wall, arguing that only a wall would stop the drug dealers and other criminals from coming across the southern border. But he pulled back from the “Build the Wall” promises that stirred nationalistic crowds at his rallies. “We do not need 2,000 miles of concrete wall from sea to shiny [sic] sea—we never did,” he said, insisting that he had never proposed one.

On the contrary, as Linda Qiu and Michael Tackett wrote in The New York Times:

Dozens of times during the 2016 campaign, Mr. Trump promised to build a wall along the southwestern border, usually saying it would be 1,000 miles at varying heights and costs. At times the building materials changed. He mentioned concrete, steel and, at one point, even a wall that would have solar panels. But a wall and the unsupported pledge that Mexico would pay for it were foundational elements of his campaign, and Mr. Trump has continued to make similar assertions throughout his presidency.

Except on Friday. Qiu and Tackett also picked up that detail:   … notable was something Mr. Trump did not say, namely that Mexico would pay for the wall. …”

As he had from the beginning of his presidential campaign, Trump trafficked in falsehoods Friday in the Rose Garden when he described the immigrants trying to cross the border into the United States as dangerous criminals.

Figures from Syracuse University’s Transactional Records Clearinghouse(TRAC), a respected compiler of immigration statistics, refute his claim.

As of June 30, 2018, Immigration and Customs Enforcement had 44,435 immigrants in custody. Of these, four out of five had no criminal record or had committed only a minor offense, such as a traffic violation. Of the remainder, only 16 percent had committed crimes considered serious, which includes selling marijuana, now legal in many states. Of those eventually convicted of a crime, most were for illegal entry into the United States, a misdemeanor.

Another factor to consider is the incompetence of the way Trump administers his anti-immigrant policy. His former Attorney General Jeff Sessions drastically reduced the grounds for immigrants seeking asylum in the United States. Under his plan, dangers posed to immigrants by criminal gangs or domestic violence were no longer accepted as reasons for granting asylum—a devastating legislative blow to those fleeing gang-ridden Central American countries.

Other restrictions on asylum were also imposed. When immigrants present themselves to border officers and ask for sanctuary, they are arrested for illegal entry. They are then placed in detention, awaiting a hearing in immigration court, or are deported, although courts have ordered some released.

Sessions also ordered judges in immigration courts to speed up their hearings and decision-making protocols. He claimed this directive was aimed at reducing the backlog of cases awaiting hearing in immigration court that involve immigrants either in detention or freed through the legal intervention of immigrant advocates.

The backlog, TRAC said, totals 1,098,468—more than double the waiting list in January 2017 when Trump took office. It would take immigration courts more than five years to work their way through the backlog. This explains why so many immigrants are held in detention for years without a trial in onerous conditions, and why those freed from detention are in legal limbo, subject to being stopped, questioned and improperly arrested.

When Trump shut down the government, most immigration hearings were cancelled. That gave the president a lesson in the law of unintended consequences. Rather than carry out his intent—hustling the immigrants out of the country—he has done the opposite and has increased the logjam.

In short, incompetence plus evil intentions have brought the country to this point.

Trump has been able to paper over his incompetence with bluster. The mass media has served as an accomplice. Too many stories focus on his performance. Sometimes, even his critics offer grudging admiration.

The shutdown ripped away the mask. Immigration was the central issue behind Trump’s closure of the federal government. His lies about immigration were exposed, as was his bungling execution of a cruel policy.

Bill Boyarsky
Political Correspondent
Bill Boyarsky is a political correspondent for Truthdig. He is a former lecturer in journalism at the Annenberg School for Communication of the University of Southern California. Boyarsky was city editor of….
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Meanwhile, over at CBS News, Kate Smith continues her great coverage of the illegal and unethical behavior that has become the norm at DHS and which is enable and tolerated by an enfeebled politically dominated EOIR.

ICE agents told hundreds of immigrants to show up to court on Thursday or risk being deported. But lawyers say many of those hearings won’t happen because the dates ICE provided are fake.

Immigration attorneys in Chicago, Miami, Texas, and Virginia told CBS News their clients or their colleagues’ clients were issued a Notice to Appear (NTA) for hearings scheduled Jan. 31. The attorneys learned the dates weren’t real when they called the courts to confirm. ICE is required to include court dates with court notices, per a Supreme Court decision last summer, but most don’t actually reflect scheduled hearings.

The American Immigration Lawyers Association issued a “practice alert” on Tuesday evening, warning members “the next upcoming date on NTAs that appears to be fake is this Thursday.”

On Wednesday evening, the Executive Office of Immigration Review, the body that oversees all the immigration courts, instructed all attorneys with a January 31 NTA “to confirm the time and date of any hearing.”

“There will be another episode of mass confusion in the immigration courts [Thursday] as a result of the DHS’s decision to issue Notice to Appear with fake immigration court dates,” Brian Casson, a Virginia-based immigration attorney, said in an email to CBS News.

In a statement Thursday morning, an ICE spokesperson said the agency was working with the Department of Justice “regarding the proper issuance of Notices to Appear.” The spokesperson said the government shutdown “delayed” that process, “resulting in an expected overflow of individuals appearing for immigration proceedings today/January 31.”

The fake notices stem from a Supreme Court ruling last summer. Prior to the decision, ICE officials used to send immigrants NTAs with date listed as “TBD” – or “to be determined.” The immigration court would issue the migrant an official hearing notice later, said Casson.

One effect of this: The NTAs could block an immigrant’s eligibility for “cancellation of removal,” a legal residency status granted to some undocumented immigrants after 10 uninterrupted years of living in the U.S. A NTA, even without a hearing date, would interrupt the 10-year “clock,” said Jeremy McKinney, a Charlotte, North Carolina-based immigration attorney, in a telephone interview with CBS News.

A Supreme Court ruling last summer — Pereira v. Sessions — banned the practice, requiring all appearance notices to use actual dates.

However, systems weren’t in place for ICE to see the court’s schedule, so ICE issued fake dates instead. Immigrants were instructed to appear on weekends, midnight, and dates that just didn’t exist, like Sept. 31, multiple attorneys told CBS News.

On October 31, hundreds of immigrants received phony NTAs. They showed up to court for non-existent hearings to find “extraordinarily long lines,” according the recent alert from the immigration lawyers’ organization.

“It was complete dysfunction and confusion,” said McKinney.

The problem became so pervasive that on Dec. 21, the Executive Office of Immigration Review issued a rare policy memo telling ICE agents and DHS that courts would “reject any NTA in which the date or time of the scheduled hearing is facially incorrect.”

Matthew Kriezelman, a Chicago-based immigration attorney, has four clients with hearings scheduled for tomorrow. After checking with the court earlier this week, he found out that two of those appearances weren’t real: administrators had no record of the hearings and told Kriezelman his clients would have to wait until the court itself sent them a hearing date.

Kriezelman’s clients are among the lucky ones; experts estimate less than half of immigrants have legal representation. That means hundreds won’t realize their Jan. 31 hearing date was phony and will show up anyway, said Kriezelman.

The court in Chicago handles all the immigration cases in Wisconsin, Illinois and Indiana, meaning many immigrants could be traveling for hours on Thursday morning for a hearing that doesn’t actually exist, Kriezelman said.

When they show up, nobody will be able to assist — because of the extreme cold weather, the Chicago immigration court is scheduled to be closed on Thursday, Kriezelman said.

Failure to show up to an immigration hearing can result in immediate removal proceeding, making immigrant especially wary when they hear they don’t need to come into court after all, said Kriezelman.

“They feel like someone is screwing with them or playing a terrible joke,” Kriezelman said. “It’s really confusing for a lot of people, especially ones that are unrepresented.”

Read more CBS News immigration coverage: The country’s busiest border crossing will allow 20 people to claim asylum a day. They used to take up to 100

These Central Americans have a second chance at asylum after being “unlawfully” deported. First ICE needs to bring them back

Every congressperson along southern border opposes border wall funding

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Bill and Kate must be “reading my mind.” Keep on exposing the truth about this cruel, dishonest, and incompetent Administration and all of the “ethics-free minions” who carry out often illegal orders! What goes around, comes around, folks.

 

 

Anybody and I mean anybody, could need a fair, impartial, and honest justice system at some point in life. Why are so many folks standing by and letting Trump and his toadies destroy it? Piece by piece, the most important foundations of our democracy are being destroyed right in plain daylight!

 

 

Also congrats to my good friend and long-time fellow member of the Beverley Hills Community United Methodist Church family Mike Tackett of the NY Times and his colleague Linda Qiu  for their continuing outstanding coverage of the truth about Trump’s disingenuous, wasteful, and cruel immigration policies. You’re making a difference, Mike and Linda!  Keep at it!

 

 

There was a time when dishonesty and falsely filling out official government documents (known as fraud or willful misrepresentation in some criminal law circles) would get a Government employee fired, prosecuted, or disciplined. Not any more. With our country headed by a grifter “Liar-in-Chief” “anything goes” unless you are a migrant, a minority, or a member of the LGBTQ community. In that case, expect “no mercy.”

 

 

Also remember that White Nationalist former AG Jeff “Gonzo Apocalypto” Sessions disingenuously pontificated about “the rule of law,” called DHS “a partner of EOIR,” and referred to immigration attorneys as “dirty lawyers.” He tried to cover up his gross mismanagement and political manipulation of the Immigration Courts by falsely blaming migrants, their attorneys, and the Immigration Judges themselves for the mess he himself, and also to a large extent DHS, caused.

 

 

He also spread false narratives about “widespread asylum fraud” and made the demonstrably false claim that asylum applicants were somehow a “major cause” of 11 million (mostly hard-working and law-abiding) “illegals” as he liked to contemptuously call them in his racist lingo. I doubt that there have even been 11 million asylum applicants total since the enactment of the Refugee Act of 1980.

 

 

Certainly, the causes for our “extra-legal” immigration system go far beyond alleged asylum fraud (which, in fact, does exist on a much smaller scale and in my experience is generally effectively uncovered, investigated, and aggressively prosecuted by DHS). They are a direct result of outdated and misguided policies that failed to recognize legitimate market forces in creating legal immigration categories and a failure to fully carry out in a good faith manner our humanitarian obligations under the refugee laws and international conventions.

 

 

Fact is, even if restrictionists like Sessions won’t admit it, the vast majority of the 11 million undocumented individuals should have been screened and admitted under our legal immigration system. The U.S. Government created the problem; so far, they have lacked the honesty, leadership, and courage to fix it in a fair and humane way that will benefit both our country and the migrants, current and future. Immigrants are America. And, except for our Native American brothers and sisters, we are all immigrants!

 

That’s why we have the “New Due Process Army!” Enlist today, and help fight the forces of  “malicious incompetence” everywhere and for as long as it takes to win the battle and vindicate the Constitutional right of everyone in American to enjoy the benefits of Due Process of law.

 

PWS

01-31-19

 

 

 

 

 

 

THE HUMAN AGONY OF ASYLUM: SPEND 4 MIN. WITH MS. A-B- & HUMAN/WOMEN’S RIGHTS EXPERT PROFESSOR KAREN MUSALO — Beaten, Raped, & Threatened With Death By Her Husband, Hounded Throughout Her Country, Abandoned By El Salvadoran Authorities, She Sought Refuge In The U.S., Winning Her Case At The BIA — Then She Was Targeted For A Vicious Unprovoked Attack By Notorious Scofflaw Immigration Judge Stuart Couch & White Nationalist Xenophobe Jeff Sessions — She’s Still Fighting For Her Life!

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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

Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

THE GIBSON REPORT — 12-31-18 — Compiled By The Always Amazing Elizabeth Gibson, Esquire, NY Legal Assistance Group

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Looking forward, Elizabeth, to even more reports of Due Process victories for the NDPA and further defeats for this Administration’s scofflaw White Nationalist agenda in 2019. Thanks for all you do to keep us up to date and informed!

PWS

01-01-19

 

 

HERE’S WHY NIELSEN’S LATEST ATTACK ON REFUGEES AND THE RULE OF LAW COULD BACKFIRE! – ALSO, AN ADDENDUM: “MY MESSAGE TO THE NDPA”

WHY NIELSEN’S LATEST ATTACK ON REFUGEES COULD BACKFIRE

 

  • The Devil is in the Details.” Typical for this group of incompetents, nobody at DHS or in the Mexican Government actually appears to be ready to implement this “historic change.”
  • Expect chaos. After all, the ink wasn’t even dry on Judge Sullivan’s order in Grace v. Whitaker for USCIS to rewrite its credible fear “Policy Memorandum” to comply with law. Want to bet on whether the “credible fear” interviews in Mexico or at the border will be lawful? How about the reaction of Judge Sullivan if they ignore his order? (Nielsen and her fellow scofflaws might want to consult with Gen. Flynn on that one. This is one judge with limited patience for high level Government officials who run roughshod over the law, are in contempt of court, or perjure themselves.)
  • By screwing around with procedures, the Administration opens itself up for systemic challenges in more U.S. District Courts instead of being able to limit litigation to Courts of Appeals on petitions to review individual removal orders.
  • Every “panic attack” by this Administration on the rule of law and the most vulnerable energizes more legal opposition. And, it’s not just within the immigration bar and NGOs any more. “Big Law” and many of the brightest recent graduates of top law schools across the country are getting involved in the “New Due Process Army.”
  • By concentrating asylum applicants at a limited number of ports of entry, pro bono legal groups could actually find it easier to represent almost all applicants.
  • Representation of asylum seekers generally improves results, sometimes by as much as 5X.
  • It could be easier for individuals who are free and authorized to work in Mexico to obtain counsel and prepare their cases than it is for individuals detained in substandard conditions in obscure locations in the U.S.
  • Freed of the intentionally coercive and demoralizing effects of DHS detention, more applicants will be willing to fully litigate their claims, including taking available administrative and judicial appeals.
  • As more cases reach the Courts of Appeals (primarily in the 5th & 9th Circuits) more “real” Article III Judges will “have their eyes opened” to the absolute travesty that passes for “justice” and “due process” in the Immigration Courts under Trump.
  • Shoddily reasoned “precedents” from the BIA and the AG are already failing in the Article III Courts on a regular basis. Three “bit the dust” just within the last week. Expect this trend to accelerate.
  • The 5th and 9th Circuits will find their dockets overwhelmed with Not Quite Ready For Prime Time (“NQRFPT”) cases “dumped” on them by DOJ and EOIR and are likely to react accordingly.
  • The last massive assault on Due Process in Immigration Court by the DOJ under Ashcroft basically caused a “mini-rebellion” in the Article III Courts. There were numerous “remands for redos” and Circuit Court rulings harshly reversing and publicly criticizing overly restrictive treatment of asylum cases by Immigration Judges and the BIA, particularly in the area of credibility determinations. Expect the Circuit Courts to “reverse and revise” many of the current anti-asylum precedents from the BIA and the AG.
  • With almost universal representation, a level playing field supervised by Article III Courts, and all Immigration Judges actually forced to fairly apply the generous standards for asylum enunciated by the Supremes in INS v. Cardoza-Fonseca, and by the BIA in the (oft cited but seldom actually applied) Matter of Mogharrabi, I wouldn’t be surprised to see grant rates for Northern Triangle applicants exceed 50% (where most experts believe they belong).
  • Overall, there’s a respectable chance that the end result of this ill-conceived policy will be an exposure of the rampant fraud, intellectual dishonesty, and disregard for the true rule of law in this Administration’s treatment of bona fide asylum seekers.
  • Inevitably, however, asylum seekers will continue to die in Mexico while awaiting hearings. DHS politicos probably will find themselves on a regular basis before enraged House Committees attempting to justify their deadly, cruel, and incompetent policies. This will be a “culture shock” for those used to the “hear no evil, see no evil” attitude of the GOP House.
  • The Administration appears to have “designed” another of their “built to fail” systems. If they shift the necessary Immigration Judges to the border, the 1.1 million backlog elsewhere will continue to mushroom. If they work on the backlog, the “border waiting line” will grow, causing extreme pressure from the Mexican Government, Congress, and perhaps the Article III Courts. Every death of an asylum seeker (there were three just within the last week or so) will be laid at DHS’s feet.

NOTE TO THE NDPA:

 The outstanding historical analysis by Judge Emmet Sullivan in Grace v. Whitaker illustrates what we already know: For years, the Executive Branch through EOIR has been intentionally applying “unduly restrictive standards” to asylum seekers to artificially reduce the number of grants in violation of both the Refugee Act of 1980 and our international obligations. This disingenuous treatment has particularly targeted bona fide asylum seekers from the Northern Triangle, those asserting claims based on a “particular social group,” unrepresented individuals, women, and children.

Worse yet, this totally cynical and disingenuous Administration is using the intentionally and unlawfully “skewed system” and “illegal denials” as well as just downright fabricated statistics and knowingly false narratives to paint a bogus picture of asylum seekers and their lawyers as the “abusers” and the Government as the “defenders of the rule of law.” What poppycock, when we all know the exact opposite is the real truth! Only courageous (mostly pro bono) lawyers and some conscientious judges at both the Immigration Court and Article III levels are standing up for the real rule of law against a scofflaw Administration and its outrageous plan to send genuine refugees back into harm’s way.

Nowhere in the racially charged xenophobic actions and rhetoric of Trump, Sessions, and Whitaker, nor in the intentionally derogatory and demonstrably dishonest rhetoric of Nielsen, nor in the crabbed, intentionally overly restrictive interpretations of asylum law by today’s BIA is there even a hint of the generous humanitarian letter and spirit of the Refugee Act of 1980 and the 1951 UN Convention on Refugees or the “non-narrow” interpretation of “particular social group” so well described and documented by Judge Sullivan. On the contrary, we can well imagine folks like this gleefully and self-righteously pushing the refugee vessel St. Louis out to sea or happily slamming the door in the face of desperate Jewish refugees from Europe who would later die in the Holocaust.

Now is the time to force the Article III Courts and Congress to confront this Administration’s daily violations of law and human rights. We can develop favorable case precedents in the Article III Courts, block unethical and intentionally illegal interference by the Attorney General with Due Process in Immigration Court, and advocate changes in the law and procedures that will finally require the Executive Branch and the Immigration Courts to live up to the abandoned but still valid promise of “becoming the world’s best tribunals, guaranteeing fairness and Due Process for all.” And, the “all” certainly includes the most vulnerable among us: refugees claiming asylum!

In the end, through a combination of the ballot box, Congress, the Article III Courts, and informed public opinion we will be able to thwart the rancid White Nationalist immigration agenda of this Administration and return honest, reasonable Government that works within the Constitution and governs in the overall best interests of our country to the United States.

Thanks for all you do! Keep fighting the “good fight!”

Go for it!

Due Process Forever! Scofflaw Administration Never!

PWS

12-21-18