ATTORNEY MARTIN GARBUS @ LA TIMES: We’re Rejecting Those We Should Be Protecting: “[T]he process for asylum seekers is long, grueling and often arbitrary.”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=481b8998-3e3e-4f42-9a33-126eda2ae2fe

I met with G, an asylum seeker from Honduras, in a large open space at the South Texas Family Residential Center in Dilley, Texas, last month. As a volunteer attorney working with immigrants detained by Immigration and Customs Enforcement, it was my job to help her prepare for her initial asylum interview. First, though, I needed to hear her story.

The setting was not ideal, since anyone in the room could overhear what she said, including her two daughters, ages 10 and 12. She began hesitantly, describing how she had been raped by her father when she was 12. Her mother and six siblings, rather than being supportive, blamed G, whose full name I am not using because of her pending asylum claim, and her mother began beating her regularly. When she was 14, her father committed suicide, and the family held her responsible for his death.

In her neighborhood, everyone knew of her abuse history, G told me, and she was considered damaged goods, available to any man who wanted her at any time. She soon met an older man who said he loved her, and for two years she stuck with him. He was abusive, though, and she learned he was married.

As she sat across from me crying, recalling events she’d rather forget, I learned she was now 25 and had four children. As best as I could tell given the timeline, the two daughters sitting nearby had been fathered by her father. Since the girls had never heard these stories, G was ashamed and tried to minimize what she had been through. It took two hours of patient questioning to pull the full story out of her, and as she spoke, her daughters cried.

In the end, it hadn’t been her own troubles that made G flee Honduras. That decision was made in December of last year, she said, when local gang members told her that if she did not make her daughters sexually available to them, all her children would be killed.

I spent 10 days in February interviewing women like G in Dilley. I realize that many Americans suspect that Central American families come to the United States simply because it’s a better place to live, and that their asylum claims are fraudulent. But I wish they could meet the women I spoke with and hear their stories of fleeing to protect their children from imminent danger back home. I believe it would change even the most skeptical minds.

Nearly all of those I met with were, like G, applying for asylum, a process that begins with an interview to establish whether an applicant has a credible fear of returning home. Former Atty. Gen. Jeff Sessions attempted last year to disallow asylum claims based on fear of gang violence or domestic abuse, but in December a federal judge in Washington blocked the administration from categorically banning such claims. An appeal by the government is pending.

Whatever the outcome of that case, the process for asylum seekers is long, grueling and often arbitrary, and most Central American applicants will not ultimately be granted asylum.

The women I talked to all knew the difficulties they faced, but felt they had no alternative but to try to stay in the United States for their children’s safety.

Two days after our initial meeting, G had her credible fear hearing, in a windowless trailer 50 feet from the detention center. The stakes were high. If she did not persuade the asylum officer she had a justifiable fear her children would be harmed in Honduras, they would all be sent back.

Although I have practiced law for many decades, I’ve never felt as terrified and helpless entering a legal proceeding. I had no idea whether G would be able to tell the hearing officer what she had told me, and I could do nothing to help her. In a regular courtroom, I could ask questions, object and make statements on behalf of my client. Here I was not allowed to speak. I hoped I my presence would provide at least a modicum of emotional support.

The asylum officer explained at the outset that attorneys who urged their clients to tell false stories would be prosecuted, and asked G if I had told her what to say. She said no. Then, hesitantly, she told her story.

G passed her credible fear interview, but there is no knowing what will happen ultimately to her or her children when their case is heard in immigration court. What I do know is that they and thousands of other women and children are at high risk of being returned to dangerous situations. Most have little education and don’t understand English, yet they must navigate a complicated legal labyrinth to avoid being sent back to their torturers.

Asylum laws exist to provide refuge to people like G. The United States should not abandon its responsibility to assist them.

Martin Garbus, a trial attorney, is the author of the forthcoming book “North of Havana.”

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Yup.  Thank goodness for pro bono at tourneys like Martin Garbus who can make the difference between life and death in a system that could work in a fair and humane way, but consciously chooses not to.

Deprived of reasonable access to legal counsel and held in intentionally degrading and coercive conditions, many individuals with valid claims for protection don’t even have the faintest idea what standards they have to meet and what proof is expected from them. These are basic requirements of Due Process that our Government ignores and mocks on a daily basis.

PWS

03-26-19

 

 

 

Amín E. Fernández @ NY Law School: A FIRST-HAND ACCOUNT FROM THE BORDER — “As I would inform families of the future that awaited them, I felt embarrassed of my country. I felt anger at the fact that we are telling folks who are fleeing cartel, gang and military violence to grab a number and wait in line for four to five weeks. That I had to help mothers and fathers write their information on their babies in case they were separated. It broke my heart to have to tell a mother that her pain and suffering just couldn’t be pigeon holed into ‘race, religion, nationality, political opinion or a particular social group.'”

Amín E. Fernández

            Prior to this year, I had never been on a college spring break trip. I had never experienced the stereotypical American “Cancun trip” full of debauchery, innocentfun and the fantasy MTV sold me in the early 2000s. Part of this was due to financial considerations, the other part was that I always had some kind of commitment whenever this season came upon me. This year, I finally got to go on a spring break trip with some of my law school peers. But the Mexico I saw was far from a carefree oasis for the inebriated and the carefree.

            This past March, I along with my Asylum clinic professor and four New York Law School classmates volunteered in Tijuana for a week at an organization called Al Otro Lado, Spanish for “On the Other Side.” Al Otro Lado (“or AOL”) is a not for profit organization run almost exclusively by volunteers. AOL provides free legal and medical services to migrants both in Tijuana and San Diego and is currently in the process of suing the U.S. government for its recently adopted border policies. AOL is composed of volunteers from all walks of life. Some are attorneys, others doctors or nurse practitioners. Most, though, are concerned U.S. citizens who wanted to see for themselves the humanitarian crisis occurring in our country. They come from all walks of life, ages, races and socioeconomic backgrounds. But for that week, our collective problems and biases were set aside due to the more pressing concerns facing the people we were seeking to assist.

            During my week volunteering with AOL in Tijuana, my classmates and I utilized our studies in immigration and asylum law to educate asylum seekers as to the process that awaits them. I met with over a dozen migrants, one-on-one, and heard their stories of plight and fear. I didn’t tell them what to say, instead I explained to them that asylum is a narrowly applied form of relief. That in order to be granted asylum in the U.S. that they had to essentially prove 1. They have suffered a harm or credible fear of harm. 2. This fear or harm is based on an immutable trait (such as race, religion, nationality, political opinion or membership to a particular social group) 3. They cannot relocate to another area of their country because their government either cannot or refuses to help them. 4. They tried to go to the police or couldn’t due to inefficacy or corruption. Many of the folks I spoke with had no idea what asylum was or what exactly were its requirements. At times, I would find out that the family I was speaking to was crossing that same day meaning that I had 5 minutes to explain to them what a “credible fear interview” was.

            My favorite part of my week though, was when I got to conduct the Charla slang for “a talk.” The Charla is a know your rights workshop where AOL explains the asylum procedure, the illegal “list” number system currently being conducted by the U.S. and Mexican government, and what possibilities await them after their credible fear interviews. Currently, if you arrive in Tijuana and want to plead for asylum in the U.S. you can’t just go and present yourself to U.S. Customs and Border Protection officials. The Mexican government has security keeping you from being able to speak to U.S. CBP. Mexican officials, though, do not want to take on this responsibility either, so the idea somehow came about of having the migrants themselves keep a list or a queue amongst themselves. The way it works is that every morning at El Chaparral, one of the ports of entry between Tijuana and San Diego, a table with a composition notebook is set up. In that notebook is a list usually somewhere in the several thousands. For each number, up to ten people can be listed and in order to sign up and receive a number you have to show some form of identification. Once you have a number, the average wait time is about 4-5 weeks. Sometimes families and people disappear as their persecutors come to Tijuana and seek them out. Every morning at El ChaparralI would see families lined up either to receive a number or to hopefully hear their number be called. Best of all, right next to the migrants who would be managing “the list” would be Grupo Betas, a Mexican “humanitarian” agency who aids in the siphoning of migrants to the U.S.

            If and when your number is called, you’re shuttled off to U.S. CBP officials who will likely put you inLa Hieleras or “The Iceboxes.” Migrants named them as such because they are purposely cold rooms where migrants are kept for days or weeks until their credible fear interviews. Here, families can be separated either due to gender or for no reason given at all. Migrants who had been to La Hieleras would tell me that they were given those aluminum-like, thermal blankets marathon runners often get. They state how they are stripped down to their layer of clothing closest to the skin and crammed into a jail like cell with no windows and lights perpetually on. After La Hieleras, a U.S. immigration official will conduct a credible fear interview. The purpose of this interview is for the U.S. to see if this permission has a credible asylum claim.  If you fail this interview your chances of being granted asylum become slim to none. If you pass three possibilities await you. First, you might be released to someone in the U.S. who can sponsor you, so long as that person has legal status and can afford to pay for your transport. The second, and newest, is that you might be rereleased and told to wait for your court date in Tijuana. And the last is indefinite detention somewhere within the U.S.

            As I would inform families of the future that awaited them, I felt embarrassed of my country. I felt anger at the fact that we are telling folks who are fleeing cartel, gang and military violence to grab a number and wait in line for four to five weeks. That I had to help mothers and fathers write their information on their babies in case they were separated. It broke my heart to have to tell a mother that her pain and suffering just couldn’t be pigeon holed into “race, religion, nationality, political opinion or a particular social group.” Thank you, try again. I feel like after this trip I have more questions than answers. That the work volunteer work I was doing was more triage than anything else. That even if I graduate law school and become an attorney at most I would be putting a band aid on a gunshot wound and never really addressing the disease.

            It’s easy to feel defeated. It’s much more difficult to work towards a solution. I’m not an expert on any of these subjects. But I know that xenophobia and racism have no place in international police or immigration practices. I know that the folks I encountered during my time at the border were families fleeing not criminals scheming. I know that I may not have all the solutions but we should begin by instilling empathy, humanity and altruism into how we speak of asylum seekers and immigrants in general. That not much separates me, an American citizen, from the people I met in Tijuana. I may not have the answers to the turmoil I saw at the border but I’m determined to giving the rest of my life to figuring it out.

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Thanks, Amín!

He is one of the students of NY Law School Clinical Professor Claire Thomas who went to the border to “fight for the New Due Process Army” following the Asylum and Immigration Law Conference at New York Law School.  Putting knowledge into practice! Saving lives!

Two really important points to remember from Amín’s moving account. First, because of BIA and AG interpretations intentionally skewed against asylum seekers from Latin America, many of whom should fit squarely within the “refugee” definition if properly interpreted, many refugees from the Northern Triangle intentionally are “left out in the cold.” That, plus lack of representation and intentionally poor treatment by DHS meant to discourage or coerce individuals results in unrealistically “depressed” asylum grant rates. Many who have been to the border report that a majority of those arriving should fit within asylum law if fairly and properly interpreted.

Second, many of those who don’t fit the asylum definition are both highly credible and have a very legitimate fear of deadly harm upon return. They merely fail to fit one of the “legal pigeon holes” known as “nexus” in bureaucratic terms. The BIA and this Administration have gone to great lengths to pervert the normal laws of causation and the legal concept of “mixed motive” to use “nexus” as an often highly contrived means to deny asylum to those genuinely in danger.  A better and more humane Administration might devise some type of prosecutorial discretion or temporary humanitarian relief as an alternative to knowingly and intentionally sending endangered individuals and their families back into “danger zones.”

What clearly is bogus is the disingenuous narrative from Kirstjen Nielsen and other Administration officials that these are “frivolous” applications. What is frivolous is our Government’s cavalier and often illegal and inhumane treatment of forced migrants who seek nothing more than a fair chance to save their lives and those of their loved ones.

Whether they “fit” our arcane and intentionally overly restrictive interpretations, they are not criminals and they are not threats to our security. They deserve fair and humane treatment in accordance with our laws on protection and Due Process under our Constitution. What they are finding is something quite different: a rich and powerful (even if diminishing before our eyes) country that mocks its own laws and bullies, dehumanizes, and mistreats those in need.

PWS

03-23-19

 

 

HUMAN RIGHTS FIRST: ADMINISTRATION’S LATEST IMMORAL GIMMICK — A “REGIONAL REPRESSION COMPACT” — FURTHERS PERSECUTION WITHOUT ADDRESSING ROOT CAUSES OF REFUGEE FLOW FROM NORTHERN TRIANGLE!

February 21, 2019

Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis

New York City—In response to today’s announcement that Department of Homeland Security Secretary Kirstjen Nielsen is discussing the development of a regional compact plan with Central American countries in the northern triangle, Human Rights First’s Eleanor Acer issued the following statement:

The so-called compact announced today sounds like a short-sighted and heavy-handed attempt to stop people in desperate need of safety from finding it in the United States, rather than an actual commitment to address underlying human rights violations in the region. It is yet another move from an administration that has spent the past two years dismantling the systems put in place to protect the world’s most vulnerable people.

This announcement does not reflect any commitment to address the actual root causes pushing people to seek protection—political repression, gender-based persecution, brutal murders, and other human rights violations.

The Trump Administration is enlisting the very countries that people are fleeing to prevent the escape of individuals plagued by this persecution and violence. The United States should certainly work with countries in the region to counter and prosecute smugglers and traffickers who prey on migrants and asylum seekers. This plan, however, aims to stop asylum seekers who do not employ smugglers but travel with other people for safety through dangerous territories.

Human Rights First urges the Trump Administration to implement regional strategies that strengthen the rule of law and human rights conditions in Central America, strengthen refugee protection in Mexico and other countries, and stop its efforts to block refugees from asylum in the United States.

For more information or to speak with Acer contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319

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It’s “Kakistocracy in Action” — malicious incompetence institutionalized. Certainly, Nielsen has to be the worst excuse ever for a DHS Secretary. Indeed, those who actually might threaten our security must be “licking their chops” at her continuous display of idiotic Trump sycophancy and White Nationalist lies and obsessions with bedraggled families seeking refuge while smugglers, drug traffickers, cartels, and gangs reap profits from her failed policies and take delight in her inability and unwillingness to address the real security problems.

While real human rights crises are unfolding, and real human lives are in danger, the Trump Administration dawdles away time and resources on endless “designed to fail” White Nationalist gimmicks that appear intended to enable and encourage persecution rather than addressing the problems that cause forced migration.

The Obama Administration did a genuinely lousy job of addressing the refugee and human rights issues in the Northern Triangle. But, Trump, Nielsen, and McAleenan are making to Obama group look like humanitarian geniuses by comparison.

As the great Casey Stengel once said while attempting to manage the 1962 NY Mets: “Can’t anybody here play this game?” Sadly, in the case of the Trump Administration, the answer is a resounding “No.”

Bad things happen to countries that allow themselves to be run by malicious incompetents (that is, a Kakistocracy).

As I have said before, “We Are diminishing ourselves as a nation, but that won’t stop human migration.”

Join the New Due Process Army and help restore humanity, Due Process, competence, and good government to America before it’s too late!

PWS

03-07-19

FORGET THE SHAMELESS LIES, EVASIONS, & VICTIM BLAMING BY NIELSEN AND MCALEENAN BEFORE CONGRESS – Vox’s Dara Lind Tells You Everything You REALLY Need To Know About What’s Happening At The Southern Border In 500 Words!

https://apple.news/A3s8h4IozRDGHLo1SJ6rPtg

Dara Lind reports in Vox News

In February 2019, 66,450 migrants crossed the US/Mexico border between official border crossings and were apprehended by US Border Patrol agents, committing the misdemeanor of illegal entry.

It’s a sharp increase from January and marks an 11-year high. But the number reflects an ongoing trend: record numbers of families coming to the US without papers.

The Trump administration reported that 76,103 people tried to enter the US without valid papers in February. That number combines people who came to official border crossings and migrants who were caught by Border Patrol after crossing illegally.

The total has alarmed conservatives; President Donald Trump has taken it as validation of his decision to declare a national emergency and appropriate more funding to build “a wall” along the border. (Construction of the wall would take months or years.)

But while current apprehension levels are higher than they’ve been in the last decade, they’re still way below pre-recession levels.

What is truly unprecedented is who the migrants are.

Almost two-thirds of Border Patrol apprehensions are of parents and their children. While we don’t have complete historical data, it seems likely that more families are coming to the US without papers than ever before. Additionally, a large share of migrants (both families and single adults) are expressing a desire to seek asylum.

Both groups are overwhelmingly coming from the Central American countries of Guatemala, Honduras, and El Salvador.

The US immigration enforcement system was designed to swiftly detain and deport migrants who attempted to sneak into the US illegally. Asylum-seekers and families don’t fit that mold.

Border Patrol agents aren’t equipped to deal with large groups of families who travel through Mexico by bus and then turn themselves in at the border. This has arguably contributed to the deaths of multiple children in Border Patrol custody in recent months, and spurred Customs and Border Protection to expand medical care.

There are strict limits on how long immigrant children and families can be held in immigration custody; in practice, officials release most families pending an immigration hearing. Asylum seekers can’t be deported without a screening interview, and those who pass (by meeting a deliberately generous standard) are often eligible for release from detention while their cases are resolved.

Some of those migrants, either intentionally or accidentally, do not complete the asylum process or lose their cases, and live in the US as unauthorized immigrants. For many Trump officials, this is the heart of the crisis. Officials have spent the last year working on regulations and pushing Congress to expand family detention and reduce asylum protections.

Trump critics continue to insist that migration isn’t at crisis levels. To them, the more urgent issue is the administration’s treatment of families, children, and asylum seekers. They are urging the administration to allow more asylum seekers to present themselves at ports of entry legally. They are calling attention to the conditions in which migrants are being held in custody.

Asylum seekers cannot be barred from entry. The question is whether they should be treated as vulnerable migrants who the US is obligated to treat with kindness, or as deportable migrants until (if at all) they win legal status.

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It’s really a question of whether we honor our legal and international obligations by fairly processing refugees, or choose to dehumanize and further victimize them. The totally disingenuous performance by Administration officials testifying before Congress on Tuesday tells you all you really need to know. This Administration has shown a slavish devotion to failed policies, dumb gimmicks, and just downright cruelty in a vain attempt to stop people from fleeing danger zones. Not surprisingly, their “built to fail” policies, scofflaw behavior,  and malicious incompetence has made things worse rather than better.

What if we had an honest Administration that admitted that this is a refugee flow that we had a significant role in creating? What if we used the existing law and legal mechanisms to take as many refugees as we could and worked with the UNHCR and the international community to help the others find viable resettlement alternatives? Wow, that would be making government work for the common good. something that’s just not in the “White Nationalist playbook.”

PWS

03-07-19

GW CLINIC REPORT: Justice Finally Triumphs — 7-Year Battle On Behalf Of Abused Refugee Woman Succeeds!

Paulina Vera, Esq.; Professor Alberto Benitez; Rachel Petterson

Friends,
Please join me in congratulating S-P-G-G, from El Salvador, whose asylum application was granted by IJ David Crosland on February 26.  We received the decision today.  When told of the grant, S-P-G-G screamed.  She can start the process of bringing her minor son to the USA.  Please also join me in congratulating Rachael Petterson, Julia Navarro, Solangel González, Chen Liang, Xinyuan Li, Abril Costanza Lara, Allison Mateo, and Paulina Vera, who worked on this case.
The IJ found that S-P-G-G warranted humanitarian asylum because she established compelling reasons arising from the severity of her persecution.  Among other things, she had been raped by her sister’s ex-boyfriend, which resulted in her becoming pregnant, and giving the child up for adoption.  S-P-G-G testified that she experiences recurring nightmares, suicidal feelings, a sense of hopelessness, and fear as a result of her persecution.
FYI.  The client’s initial hearing was on December 18, 2012, IJ Crosland denied asylum, she appealed to the Board of Immigration Appeals (BIA), which remanded to the IJ, he denied asylum again, she appealed to the BIA, which denied asylum, she appealed to the 4th Circuit Court of Appeals, which remanded to the IJ, and he finally granted asylum on February 26.
**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
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Congrats to SPGG and her wonderful team at the GW Immigration Clinic! More than six years of litigation, two wrongful denials, two appeals to the BIA, one incorrect BIA decision, and a remand from the Fourth Circuit before justice was finally done.
Illustrates four things:
  • The absolute BS of those like Sessions and other restrictionists who say asylum cases can be raced through the system on an assembly line;
  • The further BS of claiming that asylum applicants and their lawyers are “gaming” the system when many delays, like this, are caused by poor anti-asylum decision-making within EOIR combined with the DOJ’s incompetent administration of the Immigration Courts;
  • The importance of full appellate rights, including review by a U.S. Court of Appeals that is actually an independent, fair, and impartial court, not a Government agency masquering as a court;
  • The absurdity of claiming that unrepresented asylum seekers can receive anything approaching Due Process in the EOIR system, particularly when they are held in inherently coercive “civil immigration detention.”

What if we had a fair, expert Immigration Court system that made every effort to do right by asylum seekers in the first instance by interpreting and applying the law in the generous and humanitarian manner to protect those in need as originally intended in the Refugee Act of 1980 and described by the Supremes in Cardoza-Fonseca?

What if we had a Government that cared about Due Process and worked to promote it rather than attempting to whack it out of shape to screw the most vulnerable among us at every opportunity?

What if the emphasis in the Immigration Courts was on fairness, scholarship, respect, and teamwork with all concerned (not just “partnership” with the prosecutor and politicized Administration goals) rather than on “haste makes waste” methods and gimmicks.

Hey, we could have a working court system where justice was served and more things got done right in the first place, instead of the disgraceful mess that EOIR has become under DOJ’s highly politicized mismanagement!

PWS

03-07-19

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

BUZZFEED NEWS: “Our Gang” Leader Judge Jeffrey Chase Blasts Nielsen’s Latest Disingenuous Attack On Legal Asylum Seekers — “Outrageous Move”

https://www.buzzfeednews.com/article/hamedaleaziz/the-trump-administration-will-start-sending-some-asylum

Hamed Aleaziz reports:

SAN FRANCISCO — Central American migrants seeking asylum at the US–Mexico border will be forced to remain in Mexico while their cases in the US are being processed, the Trump administration said Thursday.

The unprecedented policy change will take effect on Friday with the return of the first group of migrants at the border crossing between San Diego and Tijuana, Mexico, according to Vox.

The policy, titled the Migrant Protection Protocols, is the latest attempt by the Trump administration to discourage migrants, including asylum-seekers, from trying to enter the United States. Previous attempts, such as banning asylum for those who crossed without authorization, were blocked by the courts, and this effort also is likely to face a challenge in court.

Under the policy, certain migrants at the border will receive a “notice to appear” in US immigration court and will be returned to Mexico until their hearing, according to a Department of Homeland Security fact sheet. The Mexican government, according to the agency, has provided the ability for those individuals to stay in the country until their court dates in the US. On the day of their hearing, migrants will be taken to US immigration courts for their cases to be heard.

Unaccompanied children will be excluded from the policy and those from “vulnerable populations” may be excluded on a case-by-case basis.

“We have implemented an unprecedented action that will address the ongoing humanitarian and security crisis at our Southern border,” said Homeland Security Secretary Kirstjen Nielsen. “For far too long, our immigration system has been exploited by smugglers, traffickers, and those who have no legal right to remain in the United States. The Migrant Protection Protocols represent a methodical commonsense approach to exercising our statutory authority to require certain individuals to await their court proceedings in Mexico.”

A US official close to the process who is critical of the policy told BuzzFeed News it would lead migrants to “revert to sneaking in rather than going to ports of entry” and cause “more deaths in the desert.”

The Trump administration informed the Mexican government that it was going to be enacting the policy based on a statute stating that certain individuals can be sent back to the contiguous country they arrived from.

BuzzFeed News first reported that the administration was considering such a policy back in November.

Trump administration officials have accused asylum-seekers of gaming the US system, requesting asylum that they know they won’t qualify for so that they can remain in the country for months or years while immigration courts hear their cases.

Rep. Zoe Lofgren, a California Democrat, said the policy was a circumvention of the country’s immigration laws.

“Today’s announcement creates more questions than answers. Even putting aside the unlawfulness of this action, we do not know where these asylum-seekers will be held, who will be responsible for their safety, how and where their hearings will take place, or how access to counsel will be handled,” she said in a statement Thursday.

Jeff Chase, a former immigration judge, said the move was outrageous.

“We should be allowing asylum-seekers to enter and pursue their claims according to the international legal norms,” he said. “It will obviously be much more difficult for asylum-seekers to obtain counsel and to meaningfully participate in increasingly complex legal claims from outside the country.”

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

Right on, Jeffrey! Thanks for expressing our outrage in the dishonest, deceitful, inhumane, and counterproductive actions of shallow Trump sycophant Nielsen. Another mess is sure to follow. Despite her claims, and Nielsen is an established liar, everything I’ve read indicates that Mexico is unready to implement this if it involves more than a few hundred individuals. And, if the program were that small, it wouldn’t be worth doing. The Trump Administration of incompetents has yet to carry out any major new program without screwups.

What if Trump, Nielsen, DOJ, and EOIR just did their jobs by generously and efficiently granting asylum as mandated by the Refugee Act, the Supremes in CardozaFonseca, and, ironically, the BIA’s own well-established but seldom enforced precedent Mogharrabi?

What if we took 50,000 refugees directly from the Northern Triangle, as we easily could and should do?

What if the Administration worked with, rather than against, pro bono groups and NGOs so that asylum seekers could fairly and efficiently move through the system consistent with Due Process?

What if DHS enforcement actually concentrated on potential “bad guys” rather than getting sidetracked by treating refugee families like criminals?

What if Trump treated refugees like the deserving and productive human beings that they have been throughout our history and welcomed and integrated them into our society?

What if he stopped using false narratives and restrictionist White Nationalist racist lies to make policy?

What if he cut the often illegal, always “built to fail,” and grossly fiscally wasteful gimmicks, smoke, mirrors, and job avoidance and just got the job done?

We’d actually be on the way to making America great again. Too bad that neither the Trump Administration nor the GOP seems interested in doing the real work of making government function within the law and advancing the real general public interests!

PWS

01-25-19

EOIR & USCIS ISSUE COURT-REQUIRED NEW GUIDANCE ELIMINATING LARGE PORTIONS OF SESSIONS’S BOGUS GUIDANCE IN DOMESTIC VIOLENCE/GANG RELATED CASES — Advocates Should Be Pushing This At All Levels In All Forums!

Dear Colleagues,

Following up on U.S. District Court Judge Emmet Sullivan’s powerful decision in Grace v. Whitaker, which found major elements of Matter of A-B- and the related USCIS Policy Memorandum to be inconsistent with the law, we are pleased to share the instructions which the Court ordered USCIS and EOIR to provide asylum officers and immigration judges conducting credible fear interviews and reviews of negative credible fear findings.  This guidance takes immediate effect and should be relied upon and cited to by advocates.

The Court declared that the following policies contained in Matter of A-B- and the related USCIS Policy Memorandum are arbitrary, capricious, and in violation of immigration law as applied to credible fear proceedings:

1.     The general rule against claims relating to domestic and gang violence.

2.     The requirement that a noncitizen whose claim involves non-governmental persecutors “show the government condoned the private actions or at least demonstrated a complete helplessness to protect the victim.”

3.     The Policy Memorandum’s rule that domestic violence-based particular social group definitions that include “inability to leave” a relationship are impermissibly circular and therefore not cognizable.

4.     The Policy Memorandum’s requirement that individuals must delineate or identify any particular social group in order to satisfy credible fear based on the particular social group protected ground.

5.     The Policy Memorandum’s directive that asylum officers should apply federal circuit court case law only “to the extent that those cases are not inconsistent with Matter of A-B-.

6.     The Policy Memorandum’s directive that asylum officers should apply only the case law of “the circuit” where the individual is “physically located during the credible fear interview.”

While the Court’s order is limited to credible fear interviews in the expedited removal process, we urge advocates to use the Court’s reasoning in merits hearings before the Asylum Office and the Immigration Court, and on review before the BIA and circuit courts.  Of the six findings above, only (4) and (6) are specific to the nature of the credible fear process, which is intended to be a low screening standard, providing the applicant with the benefit of the most advantageous case law.  The other four findings (1,2,3, and 5) are more broadly based on Judge Sullivan’s interpretation of key statutory terms of the refugee definition, and his reasoning should be adopted and argued in the merits context as well.

Best,

Karen
Karen Musalo
Bank of America Foundation Chair in International Law

Professor & Director, Center for Gender & Refugee Studies

SSRN Author Page:  http://ssrn.c

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

Thanks, Karen. The actual guidance memos can be found at the link in Karen’s e-mail.

The EOIR “guidance” asserts that it applies only in credible fear reviews. While technically true, as Karen more accurately points out, the rationale of Judge Sullivan’s findings 1, 2, 3, and 5 should apply equally in removal proceedings. Even if the “captive” BIA won’t listen the real, Article III Courts should. That’s why it’s critical to challenge all A-B- denials in the Circuits. And, as I noted before, no Circuit has yet had an opportunity to review A-B-.

Most, if not all, cases denied on the basis of Sessions’s flawed decision in Matter of AB– should be subject to remand from the Article IIIs.  Just another example of how Sessions continues to harm individuals who deserve Due Process, while contributing to the largely DOJ-made backlog and wasting the time of the Article III Courts.

PWS

01-13-19

 

 

DON KERWIN AT CMS WITH TRUTH ON BORDER SECURITY: “The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. “

View this email in your browser

Statement of Donald Kerwin, 
Executive Director of the Center for Migration Studies,
on the
 US Border and Border Wall

Last evening, President Trump addressed the nation from the Oval Office, asserting that there exists a crisis on our southern border which necessitates the construction of a border wall.

Despite the president’s claims that a crisis exists on the border, the facts demonstrate otherwise. The Center for Migration Studies of New York (CMS) has released several reports which show that border crossings have dropped significantly over the past several years.

A 2016 CMS report showed that net migration from Mexico between 2010 and 2016 dropped 11 percent. The undocumented population from Mexico dropped by an additional 400,000 from 2016 to 2017. Migration from other parts of Latin America, save the Northern Triangle, also dropped significantly. The report’s overall conclusion was that the number of undocumented in the nation had dropped to 10.8 million, a new low. The report can be found at http://cmsny.org/publications/warren-undocumented-2016/.

CMS also issued a report which found that the number of persons who have overstayed their visas between 2008 and 2014 had exceeded the number of border crossers. In 2014, overstays represented two-thirds of those who joined the undocumented population. The report can be found at http://cmsny.org/publications/jmhs-visa-overstays-border-wall/.

A recent study by several immigrant rights organizations, entitled Death, Damage, and Failure: Past, Present, and Future Impacts of Walls on the US-Mexico Border, details the damage caused to border communities by already existing walls and fencing along the border, and how the extension of a wall would cause economic, environmental, and human harm moving forward.

The human tragedy at our border, where thousands of children and families are fleeing persecution and violence from the Northern Triangle countries of Guatemala, Honduras, and El Salvador, is where this administration and Congress should focus its attention.

A series of measures designed to deter these vulnerable populations from fleeing their countries, including family separation, mandatory detention, zero tolerance, and denial of entry at the border are undermining their legal and human rights, guaranteed under both domestic and international law. They are handing themselves over to Border Patrol agents in search of protection, not trying to enter the country illegally. The Administration and Congress should act to end these inhumane policies and provide protection to vulnerable women and children.

The real crisis exists in the Northern Triangle of Central America, where organized crime threatens residents with impunity and there exists a lack of stability and opportunity. Instead of appropriating nearly $5.7 billion for an ineffective and damaging wall, Congress and President Trump should use some portion of this funding to address the push factors causing flight from the region. Addressing root causes of flight is the most humane and effective solution to outward migration.

Instead of shutting down the government over a wall, President Trump and Congress also should enact a legislative package which provides permanent status to Deferred Action for Childhood Arrival (DACA) and Temporary Protected Status (TPS) recipients, immigrant populations who have built equities in our nation. CMS has issued studies on the contributions of each of these populations, which can be found at http://cmsny.org/publications/jmhs-potential-beneficiaries-of-daca-dapa/ and http://cmsny.org/publications/jmhs-tps-elsalvador-honduras-haiti/.

Our nation deserves an immigration system which protects human rights and human dignity while upholding the rule of law. This requires immigration reform which honors our values and traditions as a nation of immigrants. Building walls only divides us as a country and does not address the sources of global migration.

The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org. For more information, contact Rachel Reyes, CMS’s Director of Communications, at rreyes@cmsny.org.
*******************************************
Yeah, I know I said “enough” on Trump’s Tuesday night “Lie-O-Rama” about the Bogus “Southern Border Crisis” he created to pander for his unneeded, wasteful, and distracting border wall. But, it’s always worth hearing what a “real immigration pro” like Don, who speaks from scholarship and facts, not White Nationalist fabrications and myths, has to say.
PWS
01-09-19

PROFESSOR KAREN MUSALO: Persecution Of Women In El Salvador On The Basis Of Gender Is Real & Endemic – The Administration’s Attempts To Skew The Law Against Women Refugees Is Totally Dishonest, Immoral, & Illegal!

https://cgrs.uchastings.edu/sites/default/files/Musalo_El%20Salvador_A%20Peace%20Worse%20Than%20War_30%20Yale%20J.L.%20&%20Fem.%203_20018.pdf

Here’s part of the conclusion of Karen’s article “EL SALVADOR–A PEACE WORSE THAN WAR: VIOLENCE, GENDER AND A FAILED LEGAL RESPONSE” published at 30 Yale Journal of Law & Feminism 3 (2018):

Historical and contemporary factors have given rise to the extremely high levels of violence that persist in El Salvador today. Many of the Salvadorans interviewed for this article referred to a “culture of violence” going back to the brutal Spanish Conquest and continuing into more recent history, including the 1932 Matanza and the atrocities of the country’s 12-year civil war. Gender violence exists within this broader context. However, as almost every Salvadoran source noted, violence against women is even more deeply rooted than other expressions of societal violence as the result of patriarchal norms that tolerate and affirm the most extreme forms of domination and abuse of women.
. . . .

Levels of violence, including the killings of women, have continued to rise, while impunity has remained a constant. Criticism of the persistent impunity for gender violence resulted in El Salvador’s most recent legal development: the enactment of Decree 286, which created specialized courts. However, the exclusion of the most commonly committed gender crimes–intrafamilial violence and sexual violence–from the specialized courts’ jurisdiction, and the courts’ hybrid structure, which requires that cases still be initiated in the peace courts, do not inspire optimism for positive outcomes.

Notwithstanding these considerable obstacles, the Salvadorans interviewed for this article, who have long struggled for access to justice and gender equality, maintain the hope and the belief that change is possible. In the course of multiple interviews over a six-year period (2010 to 2016), Salvadoran sources have expressed deep frustration and disappointment but have not articulated resignation or defeat.

. . . .

The Salvadorans who I interviewed for this article have provided information, insights, and perspectives that are simply not available in written reports or studies. Although they come from a range of backgrounds–governmental and non-governmental; legal professionals as well as grassroots activists–they all acknowledge the complex causes of societal violence. As discussed throughout this article, they also have specific critiques and prescriptions for what must be done in order to see any real progress. Discussions of the country’s crisis, as well as of the international community’s response, must start by listening to the voices of the Salvadorans who, despite the seemingly intractable situation of violence and impunity in which they live, have refused to abandon the struggle for justice and equality. They are inspiring in their courage and resilience. By quoting extensively from these sources, this article has sought to amplify their voices.

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

Read Karen’s complete article at the above link.

Compare real scholarship and honest reflection of the experiences of women in El Salvador affected by this seemingly unending wave of persecution with the intentionally bogus picture painted by Jeff Sessions in Matter of A-B-. Hopefully, advocates will be able to use the research and expertise of Karen and others like her to enlighten fair-minded Asylum Officers and Immigration Judges, support their efforts to grant women the protection they merit as contemplated by the Refugee Act and the Convention Against Torture, and force the Article III Courts and eventually Congress to consign Sessions’s intentionally perverted reasoning to the dustbin of “Jim Crow Misogynist History” where it belongs.

Many thanks to my good friend and colleague in  “Our Gang,” Judge Jeffrey Chase, for passing this link to Karen’s important scholarship along.

Due Process For All Forever!

PWS

12-31-18

GENDER-BASED PERSECUTION OF WOMEN IN CENTRAL AMERICA IS WIDESPREAD & WELL-ESTABLISHED! — Trump Administration’s Disingenuous Refusal To Treat Them As Refugees Is Illegal & Immoral! –“Homicides will only be brought under control when we teach society that women’s lives are worth more.”

https://www.wsj.com/articles/it-is-better-not-to-have-a-daughter-here-latin-americas-violence-turns-against-women-11545237843?emailToken=5cbcc917221424825baa00c26277a3bdzdI+3vtll7KBkMM00Z6+dsoSHU6OaTUnSQQuir5waepAYBzkaUG3llg70bJ/Sf2HOx/vEO/irclDJDwOJpFXRJ2amiJz9BofjN/oVgB1wR4Meq2bA099I4KJFl6mnIF+UPdNqetFe3GINnT3AxJmN+bjIXPxZD7CpkIoH4UmAzE%3D&reflink=article_email_share

Juan Forero reports for WSJ:

Women in Latin America Are Being Murdered at Record Rates

The deadliest region for men has become perilous for women as well, especially in gang-riddled parts of Central America

  • El PLATANAR, El Salvador—Andrea Guzmán was just 17 but sensed the danger. For weeks, the chieftain of a violent gang had made advances that turned to threats when she rebuffed him.

    He responded by dispatching seven underlings dressed in black to the two-room house she shared with her family in this hamlet amid corn and bean fields. They tied up her parents and older brother, covered Andrea’s mouth and forcibly led her out into the night in her flip-flops.

    Hours later, one of her abductors fired a shot into her forehead in a field nearby. And once again, another woman had been slain, one of thousands in recent years in this violent swath of Central America, simply because of her gender.

    “It is better not to have a daughter here,” said her weeping father, José Elmer Guzmán, recounting how he had found his girl, wearing the shorts and a T-shirt she liked to sleep in, off the side of a road. “I should have left the country with my children.”

    ‘Andrea’s only sin was being beautiful,’ said Claudia Solórzano, shown holding a photo of her murdered daughter. (The Wall Street Journal chose to publish the photograph of Andrea Guzmán’s murder, at top of article, because it viscerally shows the reality of violence sweeping Latin America. Her parents provided the image and gave the Journal permission to use it.)
    ‘Andrea’s only sin was being beautiful,’ said Claudia Solórzano, shown holding a photo of her murdered daughter. (The Wall Street Journal chose to publish the photograph of Andrea Guzmán’s murder, at top of article, because it viscerally shows the reality of violence sweeping Latin America. Her parents provided the image and gave the Journal permission to use it.)

    Latin America has the highest homicide rate in the world. The region’s most-murderous corner—the so-called Northern Triangle of Central America, including El Salvador, Honduras and Guatemala—annually registers the deaths of thousands of young men who shoot, stab, bludgeon and asphyxiate each other, often in gang-related violence.

    Now, the Northern Triangle is turning deadly for women, too.

    El Salvador, a tiny country of 6 million, has seen homicides of women more than double since 2013 to 469 last year. The death rate per 100,000 women, at 13.5, is more than six times that of the U.S., with Honduras and Guatemala close behind.

    Gang violence has turbocharged the problem here, but doesn’t explain all of it. Women die disproportionately at the hands of men throughout much of Latin America. From Mexico to Brazil, episodes of lethal domestic violence are frequent staples on social media and television.

    Women in Danger

    A total of 2,559 cases of femicide were reported in Latin America and the Caribbean in 2017. Central American nations top the list of the 10 riskiest countries for women.

    *The definition of femicide varies from country to country, but at its narrowest means the intentional murder of women because they are women.

    Source: United Nations Economic Commission for Latin America and the Caribbean

    In August, Brazilians were horrified after a TV news show broadcast security camera video showing a muscle-bound young man chasing his 29-year-old wife around the underground parking lot in their building and then struggling with her in the elevator as it ascended to their fifth-floor apartment. The camera then captured her lifeless body—she had been strangled, investigators later said—falling from the apartment balcony to the street below.

    A Peruvian man poured gasoline on 22-year-old Eyvi Ágreda Marchena on a public bus in April and set her on fire. The attack so horrified the country that President Martín Vizcarra visited her in the hospital before she died in June from the burns. Her assailant admitted killing her, telling investigators she had spurned his advances.

    “She uses her looks to use men,” he said, according to authorities. “I gave her a stuffed bear and flowers last year when I saw that she was sad. But she was annoyed. She said I wasn’t her boyfriend.”

    Friends and family gather at the wake of 31-year-old Berta Hernández Arce, who was murdered in El Salvador by MS-13 gang members after refusing to pay $8,000 they were trying to extort from her and her husband. The assailants shot her 40 times in front of her 6-year-old niece.

    What amounts to a public health crisis has women of all ages living in fear, according to researchers and interviews with dozens of women in El Salvador. As elsewhere in Latin America, the challenge is enormous for an overtaxed and poorly funded judicial system that can solve only a minority of homicides, let alone effectively prosecute rapes and spousal battery cases, also endemic here.

    The ramifications are broken families and traumatized children. The violence generates migration to the U.S., with women who say they flee to save their lives increasingly filing asylum claims before American immigration judges.

    “Women are looked down upon as they grow up, making them second-class citizens,” said Silvia Juárez, a lawyer with the Organization of Salvadoran Women for Peace, which catalogs violence against women. “Homicides will only be brought under control when we teach society that women’s lives are worth more.”

    Specialists studying violent crime in Central America say the killings of women often come at the hands of their partners, and that the rise of vicious gangs has added a tragic new dimension.

    “Violence against women existed before the gangs,” said Angelica Rivas, a women’s rights lawyer. “The gangs make it worse.”

    Activists hold a candlelight protest against femicides in El Salvador on Nov. 30.
    Activists hold a candlelight protest against femicides in El Salvador on Nov. 30.

    The two gangs that operate in nearly all of El Salvador’s 262 municipalities—MS-13 and Barrio 18—treat women as little more than slaves, say law-enforcement authorities and women’s-rights advocates.

    Once an initiated gang member, or homeboy as they call themselves, takes possession of a teenage girl or young woman, she risks a beating or death if she tries to leave without permission.

    “When you have a woman, she becomes property for you, and only for you, no one else,” said Wilfredo Cabrera, who is 24 and recently left a gang.

    The safe houses the gangs use to store weaponry, cash and contraband are also used to imprison girls, some as young as 12 and 13. Gang rape is not uncommon.

    Lisseth, a slight, 21-year-old woman, cried gently as she described her life in such a house of horrors. Escaping an abusive family at 12, Lisseth said she was lured by gang members “who said they would take care of me and give the love that my family had not given me.”

    Instead, she was forcibly kept in the basement of a safe house. At one point, she recalled, 12 gang members took turns raping her. “When they wanted to use me, they’d say, ‘Come on up,’” said Lisseth, who made an escape and is now in a home that protects women who have been victims of violence.

    Lisseth, 21, poses for a portrait while in hiding from the gang MS-13 in El Salvador.
    Lisseth, 21, poses for a portrait while in hiding from the gang MS-13 in El Salvador.

    Families with girls in gang-controlled regions know they, too, can be targeted if a homeboy takes an interest. Saying “no” isn’t an option.

    The local gang overlord in Manuel Juárez’s neighborhood on the outskirts of San Salvador wanted his oldest daughter, he recounted. He warned her that if she didn’t go along with him, her family would be killed.

    “He would see her. He would touch her, kiss her wherever, in the street,” Mr. Juárez, 45, said. “He came and told me, ‘I’m going to take your girl. Do not look for her or else I will kill you.’ ” Mr. Juárez was too afraid to go to the police.

    Gang members did take his daughter, leaving her pregnant before the family was able to get her, eventually, to a new life in Spain. Now, Mr. Juárez worries about his youngest daughter, just 16, and whether one option might be to flee to the U.S. should gang members take interest.

    It’s too late for Mr. Guzmán and his wife, Claudia Solórzano. They can only recount the sense of hopelessness and anguish they felt as gang members began to notice Andrea, with her blue eyes and long black hair.

    First it was a chieftain nicknamed Thunder, who dated Andrea. But when he was jailed, the homeboy who replaced him, who went by the alias Little Spoon, wanted her for himself, said her mother, Ms. Solórzano.

    He followed Andrea. He phoned her constantly. Sometimes, he’d wave his semiautomatic handgun at her father, making clear he wouldn’t take no for an answer.

    “He’d come across, tell her, ‘Be careful. You look real good,’ ” Ms. Solórzano said. “She would say, ‘I don’t want to be the girlfriend of a gang member.’ When he sent her chocolates, she didn’t eat them.”

    Andrea seemed to sense that her life could be cut short. Ms. Solórzano said that near the end, her daughter went so far as to tell a neighbor she wanted two black roses placed on her casket.

    Prosecutor Graciela Sagastume, who heads a new unit that investigates violence against women, said attacks have been so commonplace that Salvadoran society had become inured. She said that may be changing in the wake of several high-profile killings of professional women at the hands of their partners, among them a Health Ministry doctor beaten to death by her husband in January.

    “Sadly, it took the death of a woman doctor for us to take note that the deaths of women due to domestic violence exist,” Ms. Sagastume said. “They are everyday cases.”

    The casket had to be closed at the wake of Berta Hernández Arce because her body was so badly mutilated.
    The casket had to be closed at the wake of Berta Hernández Arce because her body was so badly mutilated.

    Last year in El Salvador, 345 women became victims of what authorities classified as femicides, the killing of a woman for no other reason than her gender.

    Unlike the killings of men, women slain here usually know their killers. In more than half the cases, it was a partner, ex-partner, family member or other acquaintance, including a gang member known to the victim.

    Intentional Homicide Rate (per 100,000 people)

    Sources: Igarapé Institute (El Salvador, Honduras, Guatemala); FBI (U.S.); National Institute of Statistics and Geography (Mexico)

    Whereas men are often shot to death, women are killed with particular viciousness, according to a 2015 Salvadoran government study on femicides that noted how some victims had been tortured, had fingers cut off, been raped, tied up or burned.

    “In many cases,” the report said, “the methods used surpassed those needed to cause death.”

    Ms. Sagastume said the violence sometimes arises when men are threatened by women who challenge the traditional gender roles of Salvadoran society.

    Those factors were at play in the case of Karla Turcios, a newspaper columnist asphyxiated in April, her body left on the side of a road. Prosecutors charged her husband, Mario Huezo. He is jailed, awaiting trial and says he is innocent.

    Ms. Sagastume said various aspects of the relationship between Ms. Turcios and Mr. Huezo led investigators to conclude he bristled at her success.

    He would drive her to work and then wait in the parking lot until she finished her shift. She couldn’t spend time with co-workers or friends. He held control of her bank accounts.

    Yet, she had been the one with the salaried job. She owned the car. She paid for the couple’s daily needs. Her death came after she asked him to contribute his fair share, Ms. Sagastume said, adding, “He felt humiliated by her.”

    Mario Huezo, the accused husband of slain journalist Karla Turcios, is led away by police after a court hearing in San Salvador.
    Mario Huezo, the accused husband of slain journalist Karla Turcios, is led away by police after a court hearing in San Salvador. PHOTO: RODRIGO SURA/EPA-EFE/REX/SHUTTERSTOCK

    The Salvadoran government, with aid from the U.S., is developing courts to deal with violence against women and staffing them with specially trained prosecutors, judges and other personnel, among them psychologists, to work with victims. The number of cases of homicide processed has risen to 270 in 2017, from 130 in 2015. Convictions are still a minority of all cases but they rose from 76 in 2015 to 117 last year.

    Judge Glenda Baires said the new system, which also handles assaults and sex crimes against women, is persuading more women to denounce their assailants. “Women are now saying, ‘I’m going to say something before I get killed,’” she said.

    In a ballad popular here and elsewhere in Latin America, “Kill Them With An Overdose of Tenderness,” the singer advises an extreme response when confronting heartbreak.

    “Get a gun if you want, or buy a dagger if you prefer, and become a killer of women,” the lyrics go.

    It’s a melodic refrain sung with gusto at parties.

    More than a quarter of women in El Salvador reported being a victim of violence in their lifetime while 43% said they had suffered a sexual assault, according to a national household survey in 2017 by the country’s statistics agency.

    Women from the “La Cachada” theatre troupe perform a play about the struggles of informal street vendors in El Salvador based on their personal experiences. The troupe has delved into issues of gender-based violence both as a cathartic exercise for themselves and as a public service.
    Women from the “La Cachada” theatre troupe perform a play about the struggles of informal street vendors in El Salvador based on their personal experiences. The troupe has delved into issues of gender-based violence both as a cathartic exercise for themselves and as a public service.

    In San Salvador, Meghan López, an American expert on family violence working on her doctorate at Johns Hopkins University, is carrying out research on the impact of parenting skills on children in dangerous, poverty-stricken environments.

    She uses a research tool called the Adverse Childhood Experiences International Questionnaire, or ACE-IQ, which identifies 13 factors in young lives that can lead to problems in adulthood. Those ACEs, which include violence, sexual abuse, family dysfunction, neglect, poverty and other factors, are each assigned a point.

    Ms. López’s work is still preliminary, but she has found that parents of young children in the four communities she is examining score an average of 8, which she calls “astronomical.” In the U.S., a 4 would be considered high.

    Exposure to ACEs can alter the development of a child’s brain as well as their hormonal system, stunting the cognitive tools they need as adults to rationalize and react calmly to stressful situations, Ms. López said. That can cause the brain’s more primitive areas to overdevelop while those responsible for emotional control can be underdeveloped.

    What that means on a national scale is violence is bred from one generation to another in El Salvador, a country already buffeted by pervasive violence and the legacy of civil war in the 1980s.

    “If we don’t break the cycle of violence,” said Ms. López, “it’s not going to get better.”

    A mural painted by artist Julia Valencia on a wall in San Salvador denounces femicide.
    A mural painted by artist Julia Valencia on a wall in San Salvador denounces femicide.

    Write to Juan Forero at Juan.Forero@wsj.com

    Appeared in the December 20, 2018, print edition as ‘Latin America Turns Deadly for Women.’

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

    Go to the link above for the full article and to be able to read the charts!

    Folks, this is the Wall Street Journal, bastion of conservative thought and rhetoric, for Pete’s sake! It’s not HuffPost or Slate. And, it’s not just Latin American Countries that are guilty of devaluing the lives of women. Trump, Pence, Sessions, Kelly, Nielsen, Whitaker, Francisco, U.S. Immigration Judge Couch, some BIA Appellate Immigration Judges, EOIR Officials, DOJ Politicos, Pompeo, GOP Legislators, to name just a few dehumanize women and trash their legal rights on a regular basis by pushing a scofflaw restrictionist immigration agenda targeting people of color, particularly women and girls of color.

    “Women in [X Country]” clearly fits the three basic criteria for a “particular social group” protection under asylum and refugee law:  1) immutable/fundamental to identity; 2) particularized; 3) socially distinct. It’s not material that not all women are equally in danger. Those harmed clearly are targeted largely (sometimes entirely) because of their gender. So, there’s a clear “nexus” or “at least one central reason” as the law states. The idea pushed by Sessions and other restrictionists that countries in the Northern Triangle are “willing and able” to protect them is preposterous, as this article demonstrates.

    Also women who are activists, members of religious groups opposed to gangs, political candidates, or members of indigenous populations are targeted for political, racial, or religious reasons.

    In other words, refugee women fleeing Central America often fit squarely within “classic” refugee protection.

    Some are granted protection by conscientious and courageous U.S. Immigration Judges who simply refuse to let the anti-refugee, anti-Central-American bias of their “superiors” in the Administration influence their decisions. But, many other female refugees find themselves improperly denied (or denied any hearing at all by the Asylum Office) by those anxious to please the White Nationalist restrictionists in power, to “expedite” dockets by looking for anti-immigrant “handles” in Sessions’s skewed precedents, or actually relish their chance to release their own anti-asylum biases on women of color.

    And, in the absence of positive BIA precedents requiring grants and recognizing the truth about female refugees from Central America, justice is terribly uneven and depends largely on the “luck of the draw.” Traditionally, U.S. Immigration Judges serving in DHS Dentition Centers and at the border often have been less willing than others to recognize legitimate refugees by granting asylum. Not incidentally, those also happen to be locations where representation rates for asylum seekers are lowest.

    The treatment of these legitimate refugees by our country is a national disgrace! Recently, in Grace v. Whitaker, U.S. District Judge Emmet Sullivan (what a difference a real, truly independent judge makes) began the arduous process of exposing the legal flaws and bias in the Sessions-initiated attack on justice for vulnerable refugees from Central America.

    But, it will take much more effort, as well as a continuing outcry of public outrage, for justice to be restored to the system corrupted by Sessions and his restrictionist ilk. It’s also something that Democrats must and should address for the record during the upcoming Barr confirmation hearings.

    No more “Jeff Sessions” as Attorney General! We need a U.S. Attorney General (regardless of party) who will uphold human dignity and enforce the legal rights and privileges of everyone under our Constitution, not just the privileged. We also need an Attorney General with the confidence in and respect for our justice system to let the BIA and the Immigration Courts operate in an independent manner and set their own dockets and legal standards, free from political interference and White Nationalist restrictionist agendas.

    PWS

    12-26-18

    WASHPOST: Mexico Has A Great Idea For Addressing The Humanitarian Crisis In The Northern Triangle – Trump Should Invest!

    https://www.washingtonpost.com/opinions/mexico-has-a-plan-to-reduce-the-migrant-flow-from-central-america-trump-should-embrace-it/2018/12/16/eed846de-ffd8-11e8-ad40-cdfd0e0dd65a_story.html

    The Post Editorial Board writes:

    ON FRIDAY, after a 7-year-old girl died in Border Patrol custody, a White House spokesman called on Congress to “disincentivize” Central American migrants from undertaking the perilous northward trek to the United States. In fact, there is just such a plan in the works, one already presented to President Trump, that has the makings of an effective long-term strategy for reducing the migrant flow, as well as tensions at the border. Mr. Trump would be wise to embrace it.

    The plan is the brainchild of Mexican President Andrés Manuel López Obrador, who was sworn into office Dec. 1. He has proposed what amounts to a Marshall Plan for Central America — $30 billion over five years in job-creating economic development assistance. The details remain unknown, but the idea is eminently sensible: Along with insecurity and gang violence, the major driver of migration from Honduras, El Salvador and Guatemala is a massive opportunity deficit.

    Mr. López Obrador outlined his vision to Mr. Trump on the phone recently and solicited U.S. participation. No word yet from the White House on the president’s response. However, incensed by the convoys of Central American migrants that made their way to the southern border this fall, he has specifically threatened to close down the border and sever existing aid to Central America, which amounts to hundreds of millions of dollars annually. And his usual instinct on foreign aid is: Why should we?

    As it happens, there’s a compelling answer to that question, which the president himself has thrust into a spotlight by pushing to have Central American asylum seekers remain in Mexico while their cases work their way through U.S. courts. If Mr. Trump signs on to Mr. López Obrador’s vision for reviving Central America with an ambitious aid plan — one that would also serve U.S. interest as a means to “disincentivize” migration — that could be just the sweetener Mr. López Obrador needs to go along with Mr. Trump’s asylum plan.

    This could be the start of a beautiful friendship, or at least a constructive alliance, between a pair of populist presidents who happen to be ideological opposites but whose goals on Central American migration should be aligned. Like Mr. Trump, Mr. López Obrador has his own reasons to discourage migrants who, in the case of the thousands who have reached Tijuana with the caravans, have become an increasingly unpopular local irritant. And even before the caravans, those who traversed Mexico were a magnet for exploitation and crime at the hands of human traffickers and other predators.

    Hundreds of miles of existing barriers at the border haven’t stopped the flow of migrants, and neither will Mr. Trump’s wall, if it is ever built. The most effective long-term way to tackle the migrant problem is to do so at the source, in Central America. Mr. López Obrador is on the right track in grasping that. Mr. Trump would do well to join him, and strike a deal that would advance both leaders’ agendas.

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

    Attacking the problem at its source seems to be a win-win for everyone, including migrants, most of whom probably would prefer to stay if their native countries if they could live in relative safety, support their families, and see a future for their kids.  Pretty much what all of us want. They could probably get some help and support from the UNHCR, which also strongly favors resolving humanitarian refugee situations near the area they originally arose.

    PWS

    12-17-18

    SESSIONS’S TOXIC WHITE NATIONALIST LEGACY OF BIAS AND MISMANAGEMENT CONTINUES TO HAUNT U.S. IMMIGRATION COURTS – Inappropriate “Certifications” & Skewed Precedents Denied Asylum To Legitimate Refugees While Improperly Limiting Authority of Immigration Judges To Control & Manage Their Dockets – “Gonzo” Actions Diverted Attention & Resources From Pursuing Long-Overdue Improvements In Delivery of Due Process!

    https://www.sfchronicle.com/nation/article/Jeff-Sessions-unfinished-legacy-of-reversing-13420329.php

    Bob Egelko reports for the SF Chronicle:

    In 21 months as the nation’s attorney general, Jeff Sessions affected no area of public policy more than immigration, from his “zero tolerance” orders to arrest and prosecute all unauthorized border crossers to establishing new rules speeding up deportations and limiting legal challenges.

    But with his dismissal by President Trump the day after the Nov. 6 election, one part of Sessions’ immigration agenda remained unfinished: his reconsideration, and often reversal, of pro-immigrant rulings by the immigration courts, particularly on the rights of migrants seeking political asylum in the United States.

    Because immigration courts are a branch of the Justice Department, the attorney general has the authority to review and overturn their rulings. Sessions used that authority at an unprecedented pace, reversing decisions that had allowed immigration judges to delay or postpone hearings to give immigrants time to apply for legal status, and eliminating grounds for asylum that were commonly invoked by migrants from Central America.

    In October, he announced plans to reconsider a ruling that, if repealed, would keep thousands of asylum-seekers locked up even after they convinced hearing officers that they had a case for fearing persecution in their homeland.

    A 2005 ruling by the Board of Immigration Appeals allowed immigrants seeking asylum to be freed on bond after an immigration officer ruled that they have a “credible fear” of persecution if deported. They remain free until the immigration courts decide whether their fear of persecution is “well founded,” entitling them to asylum, a work permit and legal residence. If not, they can be deported.

    That determination sometimes takes a year or longer. Immigration rights advocates and legal commentators say tens of thousands of asylum-seekers would be locked up for that period if the attorney general overturned the 2005 decision.

    “It’s a dramatic change in policy … part of a pattern of efforts to implement the ‘zero-tolerance’ policy” that Sessions declared in April for unauthorized border-crossing, said Kevin Johnson, UC Davis law school dean and an immigration law expert.

    This was “Sessions, on his own initiative, trying to rewrite immigration law,” said Paul Wickham Schmidt, a retired immigration judge, former chairman of the Board of Immigration Appeals and publisher of the ImmigrationCourtside blog.

    Now the decision will be left to Sessions’ successor. Or maybe not.

    , , , ,

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

    Go to the above link to read the rest of the story.

    Sessions’s biased jurisprudence and his intentional mismanagement resulted in a largely artificial “backlog” of 1.1 million cases and a group of demoralized judges who are treated as assembly line workers on a deportation conveyor belt. This preventable disaster is a major contributor to the bogus crisis on the Southern Border.

    Sessions admittedly built on and intentionally aggravated pre-existing problems left by the Bush II and Obama Administrations. Nearly two decades of abuse and misuse of the U.S. Immigration Court System by the DOJ for political aims often unrelated to due process and fairness won’t be resolved “overnight.”

    But competent court administration combined with a return to an exclusive focus on delivering full due process with maximum achievable efficiency would certainly make an immediate difference and put the Immigration Courts back on track to fulfilling their noble (now abandoned) vision of “being the world’s best tribunals, guaranteeing fairness and due process for all.” No rational observer would say that these courts are moving in that direction under Trump and his toadies at the DOJ and DHS.

    PWS

    11-26-18

    MEXICO A “SAFE THIRD COUNTRY?” — No Way! — “‘It’s a Crisis of Civilization in Mexico.’ 250,000 Dead. 37,400 Missing.“

    https://www.wsj.com/articles/its-a-crisis-of-civilization-in-mexico-250-000-dead-37-400-missing-1542213374?emailToken=b782c4822fa5027d9168b45cd695195eFqzrxRlC5OCkGVY8Z0EA4pb8VXl6RHkHREQ1AmaH8yMyeAlVb6MpXqPHHsAocieCxuQWuPDERMwhcxLvXsFRFQsRI5WkHZo3DKDR+cMb5uAd8bNn8ryiZ5q4Nt0344LX&reflink=article_email_share

    José de Córdoba and Juan Montes report for the WSJ:

    That day, the mothers scoured the site outside El Fuerte, a town in Sinaloa state, on Mexico’s northern Pacific Coast, looking for one of two men presumably kidnapped by cartel gunmen in recent weeks. One body had already been found in a field. The women believed the other may be nearby. In the end, they came up empty.

    “This is my life,” said Mirna Medina, a forceful woman who holds the group together. “Digging up holes.”

    Her son, who sold CDs by a gas station, was kidnapped in 2014. Three years later to the day, she and the other mothers of the search group dug up his remains. “I felt his presence,” she said, remembering the day and breaking out in tears. “I wanted to find him alive, but at least I found him.”

    Some 37,000 people in Mexico are categorized as “missing” by the government. The vast majority are believed to be dead, victims of the country’s spiraling violence that has claimed more than 250,000 lives since 2006. The country’s murder rate has more than doubled to 26 per 100,000 residents, five times the U.S. figure.

    Because the missing aren’t counted as part of the country’s official murder tally, it is likely Mexico’s rate itself is higher.

    The killing and the number of missing grow each year. Last year, 5,500 people disappeared, up from 3,400 in 2015. Mexico’s murders are up another 18% through September this year.

    Victims’ families, mostly mothers, organize search parties, climbing down ravines or scouring trash dumps. Their technique is crude. Sometimes they hire laborers to hammer steel rods into the soil and haul them up to see if they smell like decomposition. Other times, they simply look for an exposed body part or shallow grave.

    The sheer numbers of the disappeared now rival more famous cases of missing people in Latin American history.

    The Disappeared, or Desaparecidos, became a chilling part of Latin America’s vocabulary during the Cold War, when security forces kidnapped, killed and disposed of the bodies of tens of thousands of leftist guerrillas as well as civilian sympathizers. The most infamous case is Argentina’s “Dirty War,” where at least 10,000 people vanished from 1976 to 1983. In Buenos Aires, mothers of the missing organized weekly vigils in front of Argentina’s presidential palace, gaining world-wide prominence.

    Mexico fought its own far-smaller war against Marxist guerrillas during the 1970s. According to the government human-rights commission, 532 people went missing, and at least 275 people were summarily executed by security forces.

    This time around, the horror in Mexico is bigger and its causes more complex. Many of the disappeared in recent years are believed to be the victims of violence unleashed by criminal gangs fighting to control drug routes and other lucrative businesses such as extortion, kidnapping and the theft of gasoline from pipelines, often with the complicity of police forces, government officials say.

    “It’s a crisis of civilization in Mexico,” said Javier Sicilia, a poet and victims’ advocate whose son was murdered in 2011. “It’s diabolical—an unprecedented perversity to disappear human beings and erase any trace of them from the world.”

    The trauma of Mexico’s missing is an open wound in the nation’s psyche. Families who can’t grieve for their loved ones spend the day alternating between doubt and despair, praying for, and dreading, the blessing of certainty.

    “We don’t sleep nights, we have nightmares wondering what happened, where can he be,” said Maria Lugo, 62, whose son disappeared in 2015.

    . . . .

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

    Those with WSJ access can get the rest of the gruesome story at the link, along with pictures and graphs illustrating the extent of the problem.

    Obviously, by no stretch of the imagination is Mexico a “Safe Third Country” for purposes of U.S. asylum law. The brazen attempt by the Trump Administration and GOP Senators led by Chuck Grassley and Mike Lee to force such an agreement down the throat of Mexico is as disingenuous as it is immoral.

    It also is appalling the number of Trump Administration senior immigration officials who parrot the bogus claim that “refugees from Central America are required to apply for asylum in Mexico.” Neither international law nor U.S. law imposes such a requirement, for good reasons. Actually, the single “Safe Third Country Agreement” that we have negotiated with Canada in compliance with our immigration laws is quite circumscribed and very limited in scope. And, there are ongoing efforts in Canada to force Canada to withdraw from this agreement because of the Trump Administration’s mistreatment of asylum applicants.

    Nevertheless, as I have previously pointed out, given conditions in the Northern Triangle, while Mexico isn’t a “Safe Third Country” for purposes of our law, it might well be a “safer third country,” in practical terms, for many Central American refugees and their families. It’s bigger than the Northern Triangle countries, somewhat better governed than the “failed states” of the Northern Triangle, easier and less dangerous to reach, has more economic opportunities and resettlement options, and is generally (although, sadly, not always) not as overtly hostile to refugees as is the U.S. under Trump.

    To encourage (rather than attempt to force) more individuals to apply for asylum in Mexico, our Government should:

    •  Publicly acknowledge and treat the migration from Central America as a “humanitarian situation,” rather than a law enforcement issue;
    • Work with the UNHCR and Mexican authorities to improve asylum processing, adjudication, and resettlement in Mexico;
    • Provide financial aid and incentives for Mexico to improve its asylum system (rather than law enforcement money or threats to cut off funding);
    • Emphasize to Central American refugees the possible benefits of applying for asylum in Mexico (or elsewhere), rather than threatening them and trying to intimidate them from coming to the U.S.
    • Finally, and most important, the U.S. should be taking a leadership role with the UNHCR and other countries in our hemisphere to address the endemic problems in the Northern Triangle that are creating these refugee flows.

    Refugee situations are complex, on a number of levels. They won’t be solved by the simplistic approaches (a/k/a political stunts) currently being taken by the Trump Administration, including the ridiculous “Wall.” Indeed, they can’t be solved by any single country. It takes the countries of the world working together to resolve them. That’s exactly what the mechanisms set up under the U.N. Convention on Refugees were intended to do. It’s beyond foolish for our Government to ignore them.

    PWS

    11-16-18

     

     

     

    HOW MANY RIDICULOUS “TRUMP TROOPS” & ARMED BORDER PATROL OFFICERS IS IT GOING TO TAKE TO STOP THESE TWO FOOTSORE LITTLE GIRLS AND THEIR EXHAUSTED MOTHER? — What Kind Of A Nation Rolls Out A Bogus Military Display & Announces Plans To Trash Its Own Laws & International Norms In Response To A Non-Threatening Humanitarian Situation That It Helped Cause & Aggravate?

    https://www.washingtonpost.com/world/2018/11/07/story-behind-photo-little-girl-crying-migrant-caravan/?utm_term=.518223da78ac

    Michael E. Miller reports for WashPost:

    SAN PEDRO TAPANATEPEC, Mexico — The migrant caravan came alive one morning last week with a rustle of plastic tarps being taken down and packed. A crowd gathered well before dawn.

    Near the back of that crowd stood Keila Savioll Mejia. Two weeks earlier, the shy 21-year-old had left home in Honduras to join the caravan with her 2-year-old and 4-year-old daughters. She listened as organizers announced that two trucks were available to take women and children from Tapanatepec to the next stop, 33 miles away.

    Mejia thought about rushing forward to claim the last spot. Both of her daughters were sick and Camila, the oldest, was tired of walking. But she said she worried they would be crushed or suffocated in the throng. So she let others climb into the back of the truck, which soon overflowed with about three dozen people.

    “There are no more trucks,” an organizer said over a loudspeaker. “Let’s go.”

    And with that, Mejia and her daughters set off on foot.

    President Trump has portrayed the migrant caravan as a monolithic threat, a mass of “terrorists” intent on “invading” the United States. In reality, the caravan is a collection of individuals and families, each with their own story. And few were worse off than Mejia.

    As she carried 2-year-old Samantha through the streets of Tapanatepec, she saw several families with sturdy strollers they had bought for 900 pesos — around $45 — at the Mexico-Guatemala border. Others were flimsy, held together with tape or twine. One father pushed his 5-year-old son in a donated wheelchair.

    Mejia had nothing, not even a baby carrier.


    Keila Savioll Mejia, 21, holds her daughter Samantha, 2, left, as Johana Hernandez, 16, center, watches 4-year-old Camila. (Carolyn Van Houten/The Washington Post)

    By the time the caravan reached the edge of town, Mejia’s thin arms already ached from carrying her toddler. So mother and daughters rested under a tree.

    Mejia wore pink plastic slippers so thin they were like walking in bare feet. The girls wore sandals that were hardly any better. Besides a few donated diapers friends carried for them, all their belongings fit into a tiny “Mafalda” bag on Mejia’s back.

    Soon, they were back on their feet, Samantha on Mejia’s shoulders and Camila holding hands with Bessi Zelaya, a friend from Peña Blanca.

    As they walked through the pre-dawn darkness, the silence was broken every few minutes by the buzz of approaching motorcycle taxis. The tiny three-wheel vehicles would pull up, and half a dozen migrants would pile in, paying a few Mexican pesos to get a little closer to the next stop.

    But Mejia didn’t have a few pesos.

    In Peña Blanca she had made 100 lempiras — about $4 — a day selling tortillas. The girls’ father had left them long ago, so they lived with Mejia’s mother and siblings in a small cinder block house.

    When she heard of the caravan forming in San Pedro Sula just 50 miles away, Mejia borrowed 500 lempiras from a friend, packed her daughter’s backpack and boarded a bus to the capital. By the time they caught up to the caravan a few days later, Mejia had spent half her money on bus fare. She quickly used the rest to buy food for the girls.

    “We’ve had to walk ever since,” she said.

    As young men strode past and another overloaded mototaxi sped away, an organizer in a yellow traffic vest issued a warning to those falling behind.

    “Hurry up,” he said, “or immigration will grab you.”

    The fear was real. The sheer size of the caravan made it difficult for Mexican authorities to stop. But small groups that had split off had reportedly been detained and deported. The same could happen to stragglers.

    Camila, her tiny legs already exhausted, collapsed to the ground. The girl closed her eyes.


    An exhausted Camila collapses to the ground. (Carolyn Van Houten/The Washington Post)

    “Camila!” Mejia said sharply.

    “Arriba,” said Zelaya, lifting her onto the shoulders of Fernando Reyes Enamorado, a neighbor from Peña Blanca. Camila drooped over the 19-year-old’s head.

    They continued walking, but when they stopped at a house where the owners had brought out a jug of water for the migrants, Camila refused to get up. Mejia splashed the girl in the face with water, but she just sat on the ground, kicking off her sandals and beginning to cry.

    “Levántate,” Mejia told her. “Get up.”

    A family with a stroller went past. Then another, and another. Flashing lights in the distance behind them were a reminder that if they fell far enough behind, their journey could be over in an instant.

    Strangers stopped to offer to carry Camila, but the girl refused to let anyone touch her.


    Keila Savioll Mejia carries her two daughters during the caravan. If they fell too far behind, they risked being detained and deported. (Carolyn Van Houten/The Washington Post)

    Minutes passed as Samantha cried and Camila screamed and the caravan kept going without them. Friends disappeared into the distance. Dawn began to break. Soon the sun would rise, and the temperature would climb to nearly 100 degrees.

    So Mejia did the only thing she could: She lifted both girls — one over each shoulder — and started walking.

    Within a few minutes, she had caught up with the others where the road met a highway. Migrants slept in the ditch as they waited for trucks on which to catch a ride.

    Mejia set the girls down and handed them candy to keep them awake.

    But as vehicles approached, it was the young men who always reacted first. They climbed atop oil tankers and leaped aboard moving container trucks.

    So Mejia started walking again, Samantha in her arms and Camila flailing unhappily at her side.

    But then their luck suddenly changed. As she passed a red car belonging to a Televisa news crew, the cameraman recognized her.

    Paco Santana, a TV anchorman, had interviewed Mejia a few days earlier and had given her a lift. Now he offered to do so again.


    Keila Savioll Mejia and her daughters receive a much needed lift when a local television reporter offers them a ride. (Carolyn Van Houten/The Washington Post)

    “I wish I could take you all like last time, but I have a woman who is very pregnant,” he told Zelaya and Mejia’s other friends.

    “No, no, no,” said Ana Velazquez, 36, who was traveling with her 16-year-old daughter. “What we want is for her to get a ride because the little girl doesn’t like to walk.”

    “Well,” Santana said, turning to Mejia. “What do you think?”

    She looked at her friends. Then she looked at her daughters.

    “Do you want to go in the car, like the other day?” Santana asked Camila and Samantha.

    With shouts of excitement, her daughters made the decision for her.

    “I don’t have cookies this time,” Santana said, opening the door of his car, where the pregnant woman and her partner were already waiting for a ride. “Should we go get some?”

    And then it was on to the next town, the single mother’s odyssey over — at least for another day.


    Samantha Savioll Mejia, 2, peaks out the window of a car belonging to the Televisa news crew while sitting on her mother’s lap. (Carolyn Van Houten/The Washington Post)

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

    At some point, there will be an accounting for Trump’s cowardly actions and his misuse of our military in this wasteful and immoral political stunt.

    PWS

    11-11-18