"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
President Donald Trump meets with President Vladimir Putin of Russia at the G-20 Summit, in Hamburg, Germany, in July 2017. CreditEvan Vucci/Associated Press
Put aside whatever suspicions you may have about whether Donald Trump will be directly implicated in the Russia investigation.
Trump is right now, before our eyes and those of the world, committing an unbelievable and unforgivable crime against this country. It is his failure to defend.
The intelligence community long ago concluded that Russia attacked our election in 2016 with the express intention of damaging Hillary Clinton and assisting Trump.
“In 2016, cyber actors affiliated with the Russian Government conducted an unprecedented, coordinated cyber campaign against state election infrastructure. Russian actors scanned databases for vulnerabilities, attempted intrusions, and in a small number of cases successfully penetrated a voter registration database. This activity was part of a larger campaign to prepare to undermine confidence in the voting process.”
And this is not simply a thing that happened once. This is a thing that is still happening and will continue to happen. As Director of National Intelligence Dan Coats told the committee in February, “Persistent and disruptive cyberoperations will continue against the United States and our European allies using elections as opportunities to undermine democracy.” As he put it, “Frankly, the United States is under attack.”
The Robert Mueller investigation is looking into this, trying to figure out what exactly happened in 2016, who all was involved, which laws were broken and who will be charged and tried.
“Special counsel Robert Mueller’s team has either indicted or gotten guilty pleas from 32 people and three companies — that we know of. That group is composed of four former Trump advisers, 26 Russian nationals, three Russian companies, one California man, and one London-based lawyer. Five of these people (including three former Trump aides) have already pleaded guilty.”
Twelve of those indictments came last week with a disturbingly detailed account of what the Russians did. As The New York Times put it:
“From phishing attacks to gain access to Democratic operatives, to money laundering, to attempts to break into state elections boards, the indictment details a vigorous and complex effort by Russia’s top military intelligence service to sabotage the campaign of Mr. Trump’s Democratic rival, Hillary Clinton.”
Whether or not Trump himself or anyone in his orbit personally colluded or conspired with the Russians about their interference is something Mueller will no doubt disclose at some point, but there remains one incontrovertible truth: In 2016, Russia, a hostile foreign adversary, attacked the United States of America.
We know that they did it. We have proof. The F.B.I. is trying to hold people accountable for it.
And yet Trump, the president whom the Constitution establishes as the commander in chief, has repeatedly waffled on whether Russia conducted the attack and has refused to forcefully rebuke them for it, let alone punish them for it.
In March, the White House, under pressure from Congress, seemed to somewhat reluctantly impose some sanctions on Russia for its crimes. As CNN reported that month, Congress almost unanimously passed the Countering America’s Adversaries Through Sanctions Act last summer, “hoping to pressure Trump into punishing Russia for its election interference.” But as the network pointed out:
“Trump signed the bill reluctantly in August, claiming it impinged upon his executive powers and could dampen his attempts to improve ties with Moscow.”
Instead, Trump has repeatedly attacked the investigation as a witch hunt.
Just last week at a joint press conference with British Prime Minister Theresa May, Trump said:
“I think I would have a very good relationship with Putin if we spend time together. After watching the rigged witch-hunt yesterday, I think it really hurts our country and our relationship with Russia. I hope we can have a good relationship with Russia.”
Now Trump is set to pursue just such a relationship as he meets one-on-one with the Russian president, Vladimir Putin, on Monday in Finland. As Trump said earlier this month at a rally:
“Will he be prepared? Will he be prepared? And I might even end up having a good relationship, but they’re going, ‘Will President Trump be prepared? You know, President Putin is K.G.B. and this and that.’ You know what? Putin’s fine. He’s fine. We’re all fine. We’re people.”
Actually, none of this is fine. None of it! Trump should be directing all resources at his disposal to punish Russia for the attacks and prevent future ones. But he is not.
America’s commander wants to be chummy with the enemy who committed the crime. Trump is more concerned with protecting his presidency and validating his election than he is in protecting this country.
This is an incredible, unprecedented moment. America is being betrayed by its own president. America is under attack and its president absolutely refuses to defend it.
Simply put, Trump is a traitor and may well be treasonous.
Charles M. Blow has been an Op-Ed columnist since 2008. His column appears every Monday and Thursday. He joined The Times in 1994 and was previously the graphics director. He also wrote the book “Fire Shut Up in My Bones.” @CharlesMBlow•Facebook
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Yup! Bogusly claiming that desperate refugees are a threat to our national security, failing to protect us, and in fact enabling and furthering the actual existential threats to our security from Putin. That’s Trump and his “fellow traveler” supporters!
Remember all oft he nonsense about the “Kobach Commission” and their bogus search for almost nonexistent “undocumented voters?” Compare all the pontificating about the “integrity of our election process” with the Administration’s “shrug off” of hard evidence that a foreign power actually did attempt to interfere in our elections with the purpose of sowing discord and electing Trump?
Trump makes enemies out of our friends, creates non-existent enemies, and treats our country’s enemies as if they were our friends!
Do not misbehave. Do not sit on the floor. Do not share your food. Do not use nicknames. Also, it is best not to cry. Doing so might hurt your case.
Lights out by 9 p.m. and lights on at dawn, after which make your bed according to the step-by-step instructions posted on the wall. Wash and mop the bathroom, scrubbing the sinks and toilets. Then it is time to form a line for the walk to breakfast.
“You had to get in line for everything,” recalled Leticia, a girl from Guatemala.
Small, slight and with long black hair, Leticia was separated from her mother after they illegally crossed the border in late May. She was sent to a shelter in South Texas — one of more than 100 government-contracted detention facilities for migrant children around the country that are a rough blend of boarding school, day care center and medium security lockup. They are reserved for the likes of Leticia, 12, and her brother, Walter, 10.
The facility’s list of no-no’s also included this: Do not touch another child, even if that child is your hermanito or hermanita — your little brother or sister.
Leticia had hoped to give her little brother a reassuring hug. But “they told me I couldn’t touch him,” she recalled.
In response to an international outcry, President Trump recently issued an executive order to end his administration’s practice, first widely put into effect in May, of forcibly removing children from migrant parents who had entered the country illegally. Under that “zero-tolerance” policy for border enforcement, thousands of children were sent to holding facilities, sometimes hundreds or thousands of miles from where their parents were being held for criminal prosecution.
But more than 2,800 children — some of them separated from their parents, some of them classified at the border as “unaccompanied minors” — remain in these facilities, where the environments range from impersonally austere to nearly bucolic, save for the fact that the children are formidably discouraged from leaving and their parents or guardians are nowhere in sight.
Depending on several variables, including happenstance, a child might be sent to a 33-acre youth shelter in Yonkers that features picnic tables, sports fields and even an outdoor pool. “Like summer camp,” said Representative Eliot L. Engel, a Democrat of New York who recently visited the campus.
Or that child could wind up at a converted motel along a tired Tucson strip of discount stores, gas stations and budget motels. Recreation takes place in a grassless compound, and the old motel’s damaged swimming pool is covered up.
Image
Migrant children in a recreation area at a shelter in Brownsville, Tex.CreditLoren Elliott/Reuters
Still, some elements of these detention centers seem universally shared, whether they are in northern Illinois or South Texas. The multiple rules. The wake-up calls and the lights-out calls. The several hours of schooling every day, which might include a civics class in American history and laws, though not necessarily the ones that led to their incarceration.
Most of all, these facilities are united by a collective sense of aching uncertainty — scores of children gathered under a roof who have no idea when they will see their parents again.
Leticia wrote letters from the shelter in South Texas to her mother, who was being held in Arizona, to tell her how much she missed her. She would quickly write these notes after she had finished her math worksheets, she said, so as not to violate yet another rule: No writing in your dorm room. No mail.
She kept the letters safe in a folder for the day when she and her mother would be reunited, though that still hasn’t happened. “I have a stack of them,” she said.
Another child asked her lawyer to post a letter to her detained mother, since she had not heard from her in the three weeks since they had been separated.
“Mommy, I love you and adore you and miss you so much,” the girl wrote in curvy block letters. And then she implored: “Please, Mom, communicate. Please, Mom. I hope that you’re OK and remember, you are the best thing in my life.”
The complicated matters of immigration reform and border enforcement have vexed American presidents for at least two generations. The Trump administration entered the White House in 2017 with a pledge to end the problems, and for several months, it chose one of the harshest deterrents ever employed by a modern president: the separation of migrant children from their parents.
This is what a few of those children will remember.
No Touching, No Running
Diego Magalhães, a Brazilian boy with a mop of curly brown hair, spent 43 days in a Chicago facility after being separated from his mother, Sirley Paixao, when they crossed the border in late May. He did not cry, just as he had promised her when they parted. He was proud of this. He is 10.
He spent the first night on the floor of a processing center with other children, then boarded an airplane the next day. “I thought they were taking me to see my mother,” he said. He was wrong.
Once in Chicago, he was handed new clothes that he likened to a uniform: shirts, two pairs of shorts, a sweatsuit, boxers and some items for hygiene. He was then assigned to a room with three other boys, including Diogo, 9, and Leonardo, 10, both from Brazil.
The three became fast friends, going to class together, playing lots of soccer and earning “big brother” status for being good role models for younger children. They were rewarded the privilege of playing video games.
There were rules. You couldn’t touch others. You couldn’t run. You had to wake up at 6:30 on weekdays, with the staff making banging noises until you got out of bed.
“You had to clean the bathroom,” Diego said. “I scrubbed the bathroom. We had to remove the trash bag full of dirty toilet paper. Everyone had to do it.”
Diego and the 15 other boys in their unit ate together. They had rice and beans, salami, some vegetables, the occasional pizza, and sometimes cake and ice cream. The burritos, he said, were bad.
Apart from worrying about when he would see his mother again, Diego said that he was not afraid, because he always behaved. He knew to watch for a staff member “who was not a good guy.” He had seen what happened to Adonias, a small boy from Guatemala who had fits and threw things around.
“They applied injections because he was very agitated,” Diego said. “He would destroy things.”
A person he described as “the doctor” injected Adonias in the middle of a class, Diego said. “He would fall asleep.”
Diego managed to stay calm, in part because he had promised his mother he would. Last week, a federal judge in Chicago ordered that Diego be reunited with his family. Before he left, he made time to say goodbye to Leonardo.
“We said ‘Ciao, good luck,” Diego recalled. “Have a good life.”
But because of the rules, the two boys did not hug.
. . . .
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Read the full story at the link.
This is America in the age of Trump & Sessions. A few of these kids might get to stay in the U.S. Most will be returned (with little or no Due Process) to countries will they will be targeted, harassed, brutalized, extorted, impressed, and/or perhaps killed by gangs that operate more or less with impunity from weak and corrupt police and governments. Indeed, contrary to the false blathering of Sessions & co., gangs and cartels are the “de facto government” in some areas of the Norther Triangle. Those kids that survive to adulthood will have these memories of the United States and how we treated them at their time of most need.
After Mr. Ross’s explanation for the citizenship question’s origin shifted, Judge Furman said it appeared that the Commerce Department had acted in “bad faith” in deciding to add the question.
Mr. Ross said in a statement on March 26 that the Justice Department, which oversees enforcement of the Voting Rights Act, had asked that the question be placed on census forms. But late last month he reversed course, stating in a memo that he actually had been discussing the citizenship question “with other government officials” since shortly after taking office in February 2017 — and that the Justice Department had made its request only after he or his aides asked it to.
Judge Furman called Mr. Ross’s March explanation of his decision both “potentially untrue” and improbable because, he said, the Justice Department “has shown little interest in enforcing the Voting Rights Act.”
In an emailed response to questions, a Commerce Department spokeswoman, Rebecca Glover, said there was no inconsistency between the two statements. “Characterizations of the secretary’s prior public statements as somehow misleading are false,” she wrote. Whatever the run-up to the Justice Department’s request, she said, it remained the trigger that led to Mr. Ross’s “thorough and transparent assessment” of the need for a citizenship question.
Terri Ann Lowenthal, a former congressional expert on the census who is a private consultant to groups seeking an accurate 2020 count, called Mr. Ross’s revised timeline “disappointing and deeply troubling.”
“This seems to confirm that the Justice Department request for the citizenship question was a pretense to achieve a political goal through the census,” she said. “The pieces of the puzzle are starting to fit together, going back to when President Trump took office.”
In their lawsuit, which is led by the New York attorney general, Barbara D. Underwood, the plaintiffs imply that enforcing the Voting Rights Act was a pretext for another goal: ensuring that the nation’s 11 million-plus undocumented immigrants are not counted for the purpose of drawing congressional and other political districts, which are required to have equal populations.
The practical impact would be to reduce the number of congressional districts, and therefore Electoral College votes, in states with large numbers of noncitizens — often, though not always, Democratic strongholds.
Mr. Ross has not named the administration officials with whom he discussed the citizenship question after taking office. But other lawsuit documents released last month show that Mr. Ross received an email in July 2017 from Kris W. Kobach, the Kansas secretary of state who has taken a strong position against illegal immigration. Mr. Kobach urged Mr. Ross to add the citizenship question to the 2020 census because undocumented immigrants “do not actually ‘reside’ in the United States” but are counted for reapportionment purposes.
Mr. Kobach noted in the email that he had recently reached out to Mr. Ross “on the direction of Steve Bannon,” who was then the White House chief strategist. Documenting the extent of outsiders’ role in the citizenship decision will be a priority when the plaintiffs’ search for new evidence begins, experts said.
“That suggests very strongly that the directive here was ultimately a directive that came from the White House,” said Thomas Wolf, counsel at the democracy program of the Brennan Center for Justice at N.Y.U. School of Law.
The census tally, which includes everyone living in the United States regardless of immigration status, is used to reapportion political boundaries every 10 years to account for population changes. But a growing movement on the far right seeks to exclude undocumented immigrants from being counted during reapportionment; Alabama’s Republican secretary of state filed a lawsuit in May seeking to do exactly that.
If only citizens were counted for reapportionment, “California would give up several congressional seats to states that actually honor our Constitution and federal law,” one leader of the anti-immigrant movement, Representative Steve King, Republican of Iowa, said in February.
That is, for now, a distant prospect. But some experts say they believe asking about citizenship could accomplish the same goal by discouraging undocumented immigrants, even legal ones, from being counted.
“Their actions can produce a census that leaves out many of the people they don’t want counted for political representation,” Ms. Lowenthal said. “And there will be consequences, perhaps, well beyond what immigration hard-liners believe will only be reduced numbers in selected states.”
Tyler Blint-Welsh contributed reporting from New York.
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Read the complete article at the link.
These guys are totally disgusting. Sessions’s “we’ve gotta enforce the law” blather has always been totally bogo. Sessions is interested in enforcing only those laws that happen to support his racist, White Nationalist agenda. Even then, he lies, twists the meaning, and intentionally misuses statistics to support his perverted Jim Crow outlook.
My question is why the DOJ attorneys presenting these obviously untrue and dishonest positions in Federal Court haven’t been referred to their state bars for disciplinary proceedings and possible revocation of their law licenses? And, why isn’t our biased “chief lawyer” Jeff Sessions the subject of ethics and disciplinary procedures given his clear record of bias against people of color and his pushing of unlawful political/racial agendas based on lies before the Federal Courts?
Private attorneys who conducted themselves the way Sessions and his DOJ crew do before Federal Courts would be in deep trouble by now? Why are they getting away with it?
After a month of outrage at the cruelty of President Trump’s “zero tolerance” policy, last week we saw a stream of confounding and divergent statements on immigration: The president suggested depriving undocumented migrants of due process; Attorney General Jeff Sessions insisted that every adult who crossed illegally would be prosecuted; and the commissioner of Customs and Border Protection announced that families would once again be released together to await trial. Meanwhile, thousands of separated children and their parents remain trapped in a web of shelters and detention facilities run by nonprofit groups and private prison, security and defense companies.
It is important to understand that the crisis of separation manufactured by the Trump administration is only the most visibly abhorrent manifestation of a decades-long project to create a “state of exception” along our southern border.
This concept was used by the Italian philosopher Giorgio Agamben in the aftermath of Sept. 11 to describe the states of emergency declared by governments to suspend or diminish rights and protections. In April, when the president deployed National Guard troops to the border (an action also taken by his two predecessors), he declared that “the situation at the border has now reached a point of crisis.” In fact, despite recent upticks, border crossings remained at historic lows and the border was more secure than ever — though we might ask, secure for whom?
For most Americans, what happens on the border remains out of sight and out of mind. But in the immigration enforcement community, the militarization of the border has given rise to a culture imbued with the language and tactics of war.
Border agents refer to migrants as “criminals,” “aliens,” “illegals,” “bodies” or “toncs” (possibly an acronym for “temporarily out of native country” or “territory of origin not known” — or a reference to the sound of a Maglite hitting a migrant’s skull). They are equipped with drones, helicopters, infrared cameras, radar, ground sensors and explosion-resistant vehicles. But their most deadly tool is geographic — the desert itself.
“Prevention Through Deterrence” came to define border enforcement in the 1990s, when the Border Patrol cracked down on migrant crossings in cities like El Paso. Walls were built, budgets ballooned and scores of new agents were hired to patrol border towns. Everywhere else, it was assumed, the hostile desert would do the dirty work of deterring crossers, away from the public eye.
. . . .
Such defenses also gloss over the patrol’s casual brutality: I have witnessed agents scattering migrant groups in remote areas and destroying their water supplies, acts that have also been extensively documented by humanitarian groups.
The principle of deterrence is behind the current administration’s zero-tolerance policy. In an interview with Laura Ingraham on Fox News, Mr. Sessions, pressed on whether children were being separated from parents to deter crossers, conceded, “Yes, hopefully people will get the message.”
Administration officials have claimed that even this policy is “humanitarian,” in part because it may dissuade future migrants from bringing their children on the dangerous journey.
This ignores decades of proof that no matter what version of hell migrants are made to pass through at the border, they will endure it to escape far more tangible threats of violence in their home countries, to reunite with family or to secure some semblance of economic stability.
Policymakers also ignore that new enforcement measures almost always strengthen cartel-aligned human trafficking networks, giving them cause to increase their smuggling fees and push vulnerable migrants to make riskier crossings to avoid detection.
Jason De León, the director of the Undocumented Migration Project, argues that the government sees undocumented migrants as people “whose lives have no political or social value” and “whose deaths are of little consequence.”
This devaluation of migrant life is not just rhetorical: CNN recently revealed that the Border Patrol has been undercounting migrant deaths, failing to include more than 500 in its official tally of more than 6,000 deaths over 16 years — a literal erasure of lives.
The logic of deterrence is not unlike that of war: It has transformed the border into a state of exception where some of the most vulnerable people on earth face death and disappearance and where children are torn from their parents to send the message You are not safe here. In this sense, the situation at the border has reached a point of crisis — not one of criminality but of disregard for human life.
We cannot return to indifference. In the aftermath of our nation’s outcry against family separation, it is vital that we direct our outrage toward the violent policies that enabled it.
Francisco Cantú, a former Border Patrol agent, is the author of “The Line Becomes a River: Dispatches From the Border.”
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Read Cantu’s full article at the above link.
BTW, when I was at the “Legacy INS” I was told the “Maglite hitting the migrant’s skull” version of the Border Patrol’s definition of “toncs.”
Cantu confirms what I have said many times on this blog. Far from keeping us safer, the cruel, inhuman, dishonest, and racist policies of Trump & Sessions actually “strengthen cartel-aligned human trafficking networks,” thereby making us markedly less safe. They also degrade us as a nation and as human beings by essentially assisting in the deaths of desperate and vulnerable refugees who are only required to use the cartels in the first place because of the willful failures, incompetence, dishonesty, and immorality of our Government officials administering refugee and asylum programs!
Focus on this ugly truth: Under Trump, Sessions, Miller, and their White Nationalist buddies, our government sees undocumented migrants as people “’whose lives have no political or social value’ and ‘whose deaths are of little consequence.'”
Celebrate July 4 by “just saying no” to the Trump regime! Join the New Due Process Army, and stop the ugliness of Trump, Sessions, Miller, and their White Nationalist cabal! Channel your outrage into saving the lives of the most vulnerable among us and resisting the Trump kakistocracy! Restore the optimistic, progressive, inclusive, idealistic vision of America set forth by our Founding Fathers in their Declaration of Independence!
The “Roberts Five” might have swallowed their whistles along with our Constitution. But, some Federal Judges still take their oaths of office seriously, even in the age of Trump. BTW, Judge Sabraw was appointed by George W. Bush.
The Trump administration’s first year of immigration policy has relied on claims that immigrants bring crime into America. President Trump’s latest target is sanctuary cities.
“Every day, sanctuary cities release illegal immigrants, drug dealers, traffickers, gang members back into our communities,” he said last week. “They’re safe havens for just some terrible people.”
As of 2017, according to Gallup polls, almost half of Americans agreed that immigrants make crime worse. But is it true that immigration drives crime? Many studies have shown that it does not.
Immigrant populations in the United States have been growing fast for decades now. Crime in the same period, however, has moved in the opposite direction, with the national rate of violent crime today well below what it was in 1980.
In a large-scale collaboration by four universities, led by Robert Adelman, a sociologist at the State University of New York at Buffalo, researchers compared immigration rates with crime rates for 200 metropolitan areas over the last several decades. The selected areas included huge urban hubs like New York and smaller manufacturing centers less than a hundredth that size, like Muncie, Ind., and were dispersed geographically across the country.
+5,000+10,000+15,000+20,000 immigrantsper 100,000 peopleCHANGE SINCE 1980per 100,000 people+500 violent crimes–500–1000–1500MiamiNew York↑ More crime↓ Less crime← FewerMore immigrants →
According to data from the study, a large majority of the areas have many more immigrants today than they did in 1980 and fewer violent crimes. The Marshall Project extended the study’s data up to 2016, showing that crime fell more often than it rose even as immigrant populations grew almost across the board.
In 136 metro areas, almost 70 percent of those studied, the immigrant population increased between 1980 and 2016 while crime stayed stable or fell. The number of areas where crime and immigration both increased was much lower — 54 areas, slightly more than a quarter of the total. The 10 places with the largest increases in immigrants all had lower levels of crime in 2016 than in 1980.
And yet the argument that immigrants bring crime into America has driven many of the policies enacted or proposed by the administration so far: restrictions to entry, travel and visas; heightened border enforcement; plans for a wall along the border with Mexico. This month, the Justice Department filed a lawsuit against California in response to the state’s restrictions on local police to assist Immigration and Customs Enforcement officers in detaining and deporting undocumented immigrants charged with crimes. On Tuesday, California’s Orange County signed on in support of that suit. But while the immigrant population in the county has more than doubled since 1980, overall violent crime has decreased by more than 50 percent.
There’s a similar pattern in two other places where Mr. Trump has recently feuded with local leaders: Oakland, Calif., and Lawrence, Mass. He described both cities as breeding grounds for drugs and crime brought by immigrants. But Oakland, like Orange County, has had increasing immigration and falling crime. In Lawrence, though murder and robbery rates grew, overall violent crime rates still fell by 10 percent.
In general, the study’s data suggests either that immigration has the effect of reducing average crime, or that there is simply no relationship between the two, and that the 54 areas in the study where both grew were instances of coincidence, not cause and effect. This was a consistent pattern in each decade from 1980 to 2016, with immigrant populations and crime failing to grow together.
Immigrant population +109% since 1980
in typical metro area
19802016
Violent crime rate -23% since 1980
19802016
In a majority of areas, the number of immigrants increased at least 57 percent and as much as 183 percent, with the greatest increases occurring in the 1990s and early 2000s. Violent crime rates in most areas ranged between a 43 percent decline and a 6 percent rise, often trending downward by the 2000s. Places with a sharp rise in the immigrant population experienced increases in crime rates no more frequently than those with modest or no growth in immigration. On average, the immigrant population grew by 137 percent between 1980 and 2016, with average crime falling 12 percent over the same period.
Because the F.B.I. changed how rape was defined in its crime figures, that category could not be included in this analysis. Focusing on the other components of the violent crime rate — assaults, robberies and murders — still fails to reveal a relationship with immigration rates.
Immigrant population
+109%
19802016
Assaults
-13%
19802016
Robberies
-42%
19802016
Murders
-40%
19802016
Most areas experienced decreases in all types of violent crime. The change in assault rates ranged from a 34 percent decline to a 29 percent rise, while robbery rates declined in the range of 12 percent to 57 percent, and murder rates declined in the range of 15 percent to 54 percent.
This analysis is one of the most comprehensive longitudinal studies of the local immigrant-crime relationship. It spans decades of metropolitan area data, incorporating places with widely differing social, cultural and economic backgrounds, and a broad range of types of violent crime.
Areas were chosen to reflect a range of immigrant composition, from Wheeling, W.Va., where one in 100 people was born outside the United States, to Miami, where every second person was. Some areas were home to newly formed immigrant communities; other immigrant pockets went back generations. Controlling for population characteristics, unemployment rates and other socioeconomic conditions, the researchers still found that, on average, as immigration increases in American metropolises, crime decreases.
The foreign-born data, which is collected through the census, most likely undercounts the numbers of undocumented immigrants, many of whom might wish to avoid the risk of identifying themselves. They are, however, at least partly represented in the overall foreign-born population counts.
This is not the only study showing that immigration does not increase crime. A broad survey released in January examined years of research on the immigrant-crime connection, concluding that an overwhelming majority of studies found either no relationship between the two or a beneficial one, in which immigrant communities bring economic and cultural revitalization to the neighborhoods they join.
This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for its newsletter, or follow The Marshall Project on Facebook or Twitter. Anna Flagg is an interactive reporter for The Marshall Project.
In the recent study, Mr. Adelman and his team collected crime and foreign-born population data for 200 metropolitan statistical areas for the years 1970, 1980, 1990, 2000 and 2010. The Marshall Project extended the data set to include 2016, obtaining foreign-born numbers from the American Community Survey one-year estimates and crime figures from the F.B.I. Uniform Crime Reporting Program metropolitan area data sets. When either foreign-born or crime information was unavailable for 2016, the corresponding 2015 data was substituted.
Some metropolitan areas changed over time, growing to include additional regions, or splitting into separate ones. The Marshall Project consulted with the study researchers to determine when a larger area was still an appropriate match to the original described in the study. When an area split into components, raw data from each was added to calculate rates approximating the original region. When no reasonable approximation to the original area could be found, it was marked as missing for 2016.
When an area was missing information for a certain year, that year’s data was interpolated using figures from the closest year available. For example, crime numbers were unavailable for Chicago for 2000 and 2010. Data for those years was linearly interpolated using the 1990 and 2016 figures. Charlotte, N.C., was not included in either the 2016 or 2015 U.C.R. metropolitan area data sets, so data from 2010, the most recent year with available data for this area, was used as an estimate.
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Hit the above link to get all of the charts and graphics.
It’s a pretty disgusting situation when our Government lies and misrepresents in an attempt to “gin up racial bias” against vulnerable groups that have contributed, and continue to contribute, so many good things to our society. Indeed, but for immigrants, of all kinds, we would have no country and no society at all.
TYSONS, Va. — As the nation’s immigration judges gathered here for training this week, Attorney General Jeff Sessions had a message: They needed to help “end the lawlessness that now exists in our immigration system.”
But to many of the judges, Mr. Sessions’s hard-line immigration agenda is increasingly standing in the way of their ability to mete out justice.
In interviews, some objected to quotas he imposed on them this spring of 700 cases per year, as well as his ban on a bureaucratic tool they used to reduce their caseloads. Others expressed concern about the impact his zero-tolerance policy on illegal immigration could have on their dockets, and his push for faster rulings. They viewed those together as leaving them at risk of creating a system that sacrifices due process for efficiency.
“Sessions is treating them like immigration officers, not judges,” said Paul Schmidt, a former judge in the immigration courts, which count more than 300 judges in their ranks and another two dozen or so on an immigration appeals board.
Mr. Sessions’s carrying out of his immigration agenda has reignited a long-running debate about the independence of immigration judges, who are part of the Justice Department, not the judicial branch. Some of the judges fear that they could be used to help fulfill the administration’s priorities, endangering their independence.
“The Justice Department is the premier law enforcement agency, but the role of law enforcement is different from that of a neutral court,” said Dana Leigh Marks, the president emeritus of the immigration judges’ union. She said the organization believes the time has come to separate immigration courts from the department.
. . . .
In a speech on Monday at the judges’ conference outside Washington, hosted by the Justice Department, Mr. Sessions asked them to look for inefficiencies to finish cases more quickly.
“We have to be very productive,” he said. “Volume is critical.”
Three judges said they were struck by his emphasis on speed, prosecutions and policy matters without acknowledgment of the need to balance those demands with ensuring due process for immigrants. They said they feared the focus on metrics and closing cases would make it harder to sort through complicated cases and easier to simply deny applications for entry into the United States.
Scores of attendees wore American flag pins in support of “judicial independence and integrity in our courts,” according to a note accompanying the pins.
Dozens of judges who gathered early Monday evening expressed anxiety over their treatment, according to one person present who was not authorized to share the details of the private meeting.
They said they lacked specifics on which cases would count toward their quotas. They pointed to Mr. Sessions’s ban on their use of administrative closure, the tool that effectively allowed them to close cases. And they worried that his zero-tolerance policy on illegal immigration would flood the system with new cases and make it hard for them to decrease the system backlog of about 700,000 cases.
The potential impact of Mr. Sessions’s zero-tolerance policy toward immigration has been of particular concern to judges who are already grappling with a large caseload. “It’s as if local police and prosecutors decided to prosecute every traffic ticket of anyone going 2 miles per hour over the speed limit and filled the court system with those cases,” Mr. Schmidt said.
Judges are also resigning in large numbers, Ms. Marks said, a pattern she expected to continue. As of last year, 39 percent of immigration judges were eligible for retirement, according to a study conducted by the Government Accountability Office. Many immigration judges were sworn in during a wave of hiring in the 1990s.
The Justice Department has said it is on pace to hire 100 more judges this year, and its data shows that the department has never filled every slot. Currently there are 336 judges out of the 484 authorized slots.
In a conference session on Tuesday afternoon with Mr. McHenry, one judge asked if they could delay disciplining judges on the attorney general’s directives about metrics and streamlining the system. The room erupted in applause, but the question went unanswered.
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Read Katie’s full article at the above link!
Immigration is an incredibly complex area of the law — often compared with the Tax Code. And, it almost certainly has more direct and potentially life-threatening and life-changing effects than does tax law (with due apologies to my tax lawyer colleagues). For better or worse, when they have an opportunity to get together at annual conferences (which aren’t necessarily held annually), most Immigration Judges love to “talk shop.”
Normally, you’d expect to hear things like questions about pending Supreme Court cases, the latest BIA precedent decision, immigration reform legislation, or how to constructively react to some of the criticism dished out by Circuit Courts, as well as sharing “best practices” to achieve fundamental fairness with efficiency.
But, while I was waiting in the lobby to meet my “dinner group” of some former colleagues, the “hall chatter” was all about things like “judicial dashboards,” “production quotas,” “what counts as a completion,” “docket rearrangement without consultation,” “required retraining” (sounded very much like a judicial version of the former Soviet “re-educaton camps”), “stress relief,” “not losing it in court,” “retirement estimates,” and, perhaps most tellingly “how can I remain true to my oath of office and job description without getting harassed, fired, or reassigned?”
Not much room for talk of law, Due Process, best methods and practices, and how to insure that folks, including the unrepresented, get the relief they might be entitled to under the immigration laws.
Appropriate for a judicial conference? Of course not! But, when your “keynote address” is delivered by a totally non-judicial Enforcement Cheerleader in a tone and with content more appropriate to a class of new Border Patrol officers than a group of supposedly independent, senior, quasi-judicial officers of the U.S. Government, that’s what you’re going to get. What must newly appointed U.S. Immigration Judges — some who gave up other good jobs to serve in these positions — have thought?
What made it even worse was the misuse of the judicial conference as a “platform” to release a “personal rewrite” by Sessions (although I suspect some outside group actually drafted it for him or gave him the outline) of established asylum principles in a way that dripped with overt hostility to legitimate asylum seekers, most of them desperate abused women, and was accompanied by unsupported statements about asylum fraud and bogus statistics that could have come right out of a “restrictionist group’s backgrounder.” The message to the judges was very clear — most asylum seekers are fraudsters, so you should cut corners, prejudge cases, look for any reason to deny asylum, preferably at the preliminary stage without wasting time on a full hearing, and crank out those denials to deter folks from fraudulently seeking refuge under our laws — or start looking for a new job!
From a legal, ethical, moral, and intellectual honesty standpoint, the Attorney General’s speech to the Immigration Judges was simply jaw-droppingly inappropriate! How is a quasi-judicial officer sworn to uphold the U.S. Constitution and charged by regulation with “exercising independent judgment” supposed to “negotiate” a system where the “boss” is basically saying “to heck with fairness, respect, and quality — just crank up the volume.”
Contrary to what Sessions said, DHS isn’t EOIR’s “partner.” No, DHS is a party in interest to every adversary proceeding in Immigration Court! They are legally entitled to no better treatment or consideration than any foreign national respondent, even an unrepresented one!
Indeed, the Due Process Clause of our Constitution applies to respondents but not to the DHS! The “founding fathers” weren’t trying to protect the rights of the Government under the Bill of Rights. They were seeking to protect individuals against Govenment overreach and abuses. Jeff Sessions is just the type of overbearing Government official that the founding fathers might have envisioned abusing the power and authority of his office.
“Rumored” assertions by some EOIR management officials that “we don’t care how you decide these cases” are patently absurd! Of course, Jeff Sessions cares about the results! He wants removal orders — fast and by the truckload!
He certainly wasn’t talking about racing through hundreds of thousands of cases to grant 43%-56% of the asylum cases that are decided on the merits, which is what should happen based on past performance had Sessions not reached in to “tilt” the law against asylum seekers and to use detention and family separation to coerce individuals into giving up potentially winnable claims. Anybody who perceived Sessions’s remarks to the judges on Monday as an encouragement to treat asylum applicants fairly, impartially, humanely, respectfully, and to insure that the generous interpretation of well-founded fear set forth by the Supremes in Cardoza-Fonseca was followed would need their head examined!
Even though immigrants, both legal and undocumented, forced and voluntary, built America and are primarily responsible for our success as a nation, I can’t remember ever hearing Jeff Sessions say anything kind or nice about any foreign national! Indeed, it’s hard to think of any public occasion when Sessions addressed immigration without providing some false narrative, ethnic slur, bogus or misleading statistic, denigrating the contributions of immigrants, dehumanizing them, or seeking to drum up xenophobia by touting false links between migrants and crime.
Sessions’s other message to the judges: By the way, folks, this backlog mess that we and our predecessors have created and are now intentionally aggravating by aimlessly reshuffling dockets, cranking up needless detention, poor enforcement policies, lousy management and hiring practices, absurdly inadequate technology, and attempting to use the Immigration Courts as “deterrents” is your fault (along with the respondents and their attorneys) because you don’t work hard enough or smart enough! You’re going to “take the fall” when we aren’t able to stop human migration by using the Immigration Court as an enforcement tool! We’re giving you “mission impossible,” and if you can’t carry it out, you’re not doing your job!
Congress — which is ultimately responsible for this mess — and the Article III Courts who have knowingly and intentionally swept the glaring Due Process deficiencies, stunning ethical conflicts, lack of quality control, and failure to consistently provide fundamental fairness under their “Ivory Tower carpets” for far too long are going to have to step up and put an end to this parody of justice or accept responsibility for the implosion of the Immigration Courts and Constitutional Due Process that are looming on the horizon.
One thing is for certain: You can’t run a Due Process, fundamentally fair court system under Jeff Sessions. He proved that this week — beyond any reasonable doubt! Anybody who doubts that, isn’t being reasonable — or isn’t paying attention!
The sci-fi writer William Gibson once said, “The future has arrived — it’s just not evenly distributed yet.” In America in 2018, the same could be said of authoritarianism.
Since Donald Trump was elected, there’s been a boom in best-selling books about the fragility of liberal democracy, including Madeleine Albright’s “Fascism: A Warning,” and Timothy Snyder’s “On Tyranny.” Many have noted that the president’s rhetoric abounds in classic fascist tropes, including the demonization of minorities and attempts to paint the press as treasonous. Trump is obviously more comfortable with despots like Russia’s Vladimir Putin than democrats like Canada’s Justin Trudeau.
We still talk about American fascism as a looming threat, something that could happen if we’re not vigilant. But for undocumented immigrants, it’s already here.
There are countless horror stories about what’s happening to immigrants under Trump. Just last week, we learned that a teenager from Iowa who had lived in America since he was 3 was killed shortly after his forced return to Mexico. This month, an Ecuadorean immigrant with an American citizen wife and a pending green card application was detained at a Brooklyn military base where he’d gone to deliver a pizza; a judge has temporarily halted his deportation, but he remains locked up. Immigration officers are boarding trains and buses and demanding that passengers show them their papers. On Monday, Attorney General Jeff Sessions decreed that most people fleeing domestic abuse or gang violence would no longer be eligible for asylum.
But what really makes Trump’s America feel like a rogue state is the administration’s policy of taking children from migrants caught crossing the border unlawfully, even if the parents immediately present themselves to the authorities to make asylum claims. “This is as bad as I’ve ever seen in 25 years of doing this work,” Lee Gelernt, deputy director of the A.C.L.U.’s Immigrants’ Rights Project, told me. “The little kids are literally being terrorized.”
Family separations began last year — immigrant advocates aren’t sure exactly when — and have ramped up with the administration’s new “zero tolerance” policy of prosecuting everyone who crosses the border without authorization. Over two weeks in May, more than 650 children were snatched from their parents.
. . . .
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Read the rest of Michelle’s article at the above link!
In case you haven’t noticed (and Trump supporters either haven’t, or have ignored it), everyone around Trump, including friends, family, business associates, political supporters, Cabinet members, allies, lawyers, campaign workers, former girlfriends and liaisons, is “expendable.” The only “non-expendable” person in Trump’s universe is, no surprise here, Trump.
And, like any authoritarian despot, he picks people off one by one or in vulnerable groups by isolating, bullying, demeaning, dehumanizing, and then destroying them while the others look on offering no help to the fallen and just thinking “glad it wasn’t me!”
But, when your time comes (and it well may, if we allow Trump to continue in office long enough) who will be there to stand up for you? Who will speak up for your rights? Indeed, what “rights” will you have after Trump, Sessions, Pence & Co have finished destroying our Constitution and stomping on the real rule of law to institute their White Nationalist Empire?
And what kind of country with what kind of people make terrorizing already traumatized kids a national policy?
When he landed in Michigan in late May, all the weary little boy carried was a trash bag stuffed with dirty clothes from his dayslong trek across Mexico, and two small pieces of paper — one a stick-figure drawing of his family from Honduras, the other a sketch of his father, who had been arrested and led away after they arrived at the United States border in El Paso.
An American government escort handed over the 5-year-old child, identified on his travel documents as José, to the American woman whose family was entrusted with caring for him. He refused to take her hand. He did not cry. He was silent on the ride “home.”
The first few nights, he cried himself to sleep. Then it turned into “just moaning and moaning,” said Janice, his foster mother. He recently slept through the night for the first time, though he still insists on tucking the family pictures under his pillow.
José’s separation from his father is part of the Trump administration’s latest and most widely debated border enforcement policy. Last month, Attorney General Jeff Sessions announced that the government would criminally prosecute everyone who crosses the border illegally, a directive that is already leading to the breakup of hundreds of migrant families and channeling children into shelters and foster homes across the country.
The goal, according to administration officials, is to discourage Central American families from making the perilous journey to the United States’ southwest border, where they have been arriving in swelling numbers this year to claim asylum.
In just the first two weeks under President Trump’s new policy, 638 parents who arrived with 658 children had been prosecuted, administration officials told Congress.
Kirstjen Nielsen, the homeland security secretary, emphasized that separating families was not the aim but merely the effect of a decision to step up prosecutions of those who cross the border illegally. “We do not have a policy to separate children from their parents. Our policy is, if you break the law we will prosecute you,” she told the Senate Homeland Security and Governmental Affairs Committee on May 15.
She said the Trump administration is doing a better job than its predecessors in assuring that migrant children are placed with sponsors who are carefully screened. “We can make sure that the children go to people who are actually family members and who are not traffickers and who won’t abuse them,” she said.
Whether the policy will succeed as a deterrent remains an open question. What is clear is that it is creating heartbreak and trauma for those subjected to it, with parents and children often unaware of one another’s whereabouts.
. . . .
In several letters to the Department of Homeland Security, the American Academy of Pediatrics has urged an end to parent-child separation, which researchers have said can cause lifelong trauma in children. When the policy was unveiled, the academy’s president, Dr. Colleen Kraft, said she was dismayed at its “sweeping cruelty.”
José’s last name and that of his foster family, as well as where they live, are not being published in order to protect their privacy.
Since his arrival in Michigan, family members said, a day has not gone by when the boy has failed to ask in Spanish, “When will I see my papa?”
They tell him the truth. They do not know. No one knows.
José’s father is in detention, and parent and child until this week had not spoken since they were taken into the custody of United States authorities.
Image
Immigrants near McAllen, Tex., in April. Last month, Attorney General Jeff Sessions announced that the government would criminally prosecute everyone who crosses the border illegally.CreditLoren Elliott/Reuters
“I am watching history happen before my eyes. It’s horrendous,” said Janice, 53.
Janice, her husband, Chris, and their two teenage daughters have firsthand experience with underage migrants. They are among a number of families who have in recent years provided a temporary home, called transitional foster care, to minors seeking refuge in the United States, usually after fleeing violence and economic uncertainty in Honduras, El Salvador or Guatemala.
In the last two years, 12 children, including two sets of siblings, have occupied the room upstairs with its soothing white-and-light-blue walls and twin beds with colorful bedding. All had arrived in the United States alone and remained in the family’s care for a few weeks or months until a long-term sponsor already in the country, often a relative, was identified and cleared by the authorities to receive them.
“They had access to their parents on a daily basis,” Janice said. “They talked to them on the phone. We have done video chats with Mom and Dad and siblings with every placement — except now.”
José is the first child they have hosted who crossed the border with a parent, rather than alone, then was forcibly separated and left with no ability to contact them. On his flight to Michigan were two other Central American boys in similar circumstances who were placed with families in the area.
The majority of youths apprehended at the border over the past several years have been housed in government shelters and most of them are teenagers who came alone, often expecting to join family members already in the United States. About 11,000 children are currently in these facilities, which are at 95 percent capacity, according to Kenneth Wolfe, a spokesman for the Department of Health and Human Services. The department has reserved an additional 1,218 beds in various places for migrant children, including some at military bases, he said.
On May 10, three days after Mr. Sessions announced the zero-tolerance policy, the government issued a call for proposals from “shelter care providers, including group homes and transitional foster care” in anticipation of a surge in children separated from their parents who would require housing.
. . . .
“For two days, he didn’t shower, he didn’t change his clothes. I literally had to peel the socks off his feet. They were so old and smelly,” Janice said. “I realized that he didn’t want anyone to take anything away from him.”
Image
A drawing of José’s father. Since the child’s arrival in Michigan, his foster family said, a day has not gone by when he has failed to ask in Spanish, “When will I see my papa?”
The one thing that animated him was discussing his “photos,” as he called the family drawings.
He introduced “mi familia,” pointing to the figures of his parents, brother and younger sister. Staring intensely at the sketch of his father, with a slight mustache and a cap, he repeated his name out loud again and again.
It was “just me and him” on the trip from Honduras, he told Janice one night as he lay in bed shuffling the pictures, taking turns looking at one and then the other.
“He holds onto the two pictures for dear life,” Janice said, through tears. “It’s heart-wrenching.”
Janice does not blame José’s parents for putting him through the ordeal.
In early May, she traveled to Central America to see for herself the conditions on the ground, and returned convinced that gang-fueled violence, extortion and recruitment of children were compelling parents to make the arduous journey over land with their children to the United States. “I have nothing but sorrow and compassion for the families,” she said.
When sirens pierced the quiet of the night last week, José’s eyes widened with fear. “La violencia, la violencia,” he said. The family assured him that it was not violence; it was fire trucks.
In recent days, the boy began attending a multi-age kindergarten at Bethany with about a dozen other migrant children.
. . . .
Earlier this week, José spoke with his parents for the first time since their lives had diverged. The phone calls were separate: His father remains in detention, and his mother is in Honduras.
The calls went smoothly, according to the case manager.
But they changed everything. Somehow, it had sunk in that there was no way of knowing when he would see his family. “It triggered all the separation trauma again,” said Janice.
She tried to offer him his toys, but he erupted in anger, screaming and crying at the kitchen table for almost an hour.
“It was really hard to watch. The look on his face was anguish,” said Janice, her voice breaking.
When his fury subsided, the boy collapsed on the kitchen floor, still sobbing. “Mama, Papa,” he said, over and over.
Nearby lay the family pictures, which he had flung on the floor.
Read the entire, totally disturbing and enraging, article at the link.
Is this the way we want to be remembered by our children, grandchildren, and future generations? As nation that put cruel, arrogant, and inhumane individuals in charge of our Government and then stood by and watched while they abused children, spread xenophobia, enriched the rich, mocked ethics, and thumbed their noses at human decency.
Assuming that the “Joses of the world” live to grow up, there will be a horrible price to pay for future generations of Americans as they are forced to come to grips with the grotesque human rights abuses committed in the name of a perverted nationalism. Very much like the reckoning that the Catholic Church has had to undergo for tolerating and covering up decades and generations of sexual, physical, and mental abuse of youth!
Get out the vote to limit the power of the horrible minority that has taken over our Government and our nation and to eventually remove them from office at all levels. America cannot and will not “be great again” until the stain of Trumpism is removed from our national Government!
In recent years, the United States has been something of a beacon of hope for women fleeing violence and persecution in their home countries. In 2014, in a giant step forward, immigration courts explicitly determined that a person fleeing severe domestic violence may be granted asylum here if the violence rises to the level of persecution, if the government in the victim’s home country cannot or will not punish her abuser and if various other criteria are met. It’s a high bar but one that, sadly, women from many countries can clear. Now their last chance at protection may be under threat.
The case that established that certain victims of domestic violence are eligible for asylum was decided in a landmark ruling by the Board of Immigration Appeals, the highest court in our immigration judicial system.
The survivor in the case, a Guatemalan named Aminta Cifuentes, was a victim of severe physical and sexual abuse. Ms. Cifuentes had endured 10 years of unrelenting violence at the hands of her spouse, who burned her with acid, beat and kicked her, broke her nose and punched her in the stomach with such force when she was eight months pregnant that the baby was born prematurely and with bruises. Her husband told her it would be pointless to call the police, because “even the police and judges beat their wives.”
The ruling that granted her protection was a transformative one, not just for Ms. Cifuentes but for our country, too. At last, the United States stood firmly in opposition to violence against women and recognized that we can and should offer hope to survivors.
In March, however, Attorney General Jeff Sessions, in an unusual move, suddenly and inexplicably stepped into this seemingly settled matter to assign a similar petition for asylum, known as the Matter of A-B–, to himself for reconsideration.
The facts in the Matter of A-B- are similar to those in the 2014 case. Ms. A-B-, a Salvadoran, was brutalized by her husband for 15 years. He beat and kicked her, including while she was pregnant; bashed her head against a wall; threatened her with death while holding a knife to her throat and while brandishing a gun; and threatened to hang her. Ms. A-B- attempted to secure state protection to no avail.
When she went to the police after her husband attacked her with a knife, their response was that if she had any “dignity,” she would leave him. When Ms. A-B- did attempt to leave her husband, he tracked her down, raped her and threatened to kill her. When she finally got a divorce, her ex-husband told her that if she thought the divorce freed her from him, she was wrong. She fled the country after he told her that he and his friends were going to kill her and dump her body in a river.
When Ms. A-B- came to the United States seeking asylum, her case was heard by an immigration judge in Charlotte, N.C., named V. Stuart Couch, who is notorious for his high denial rate. Judge Couch denied her asylum; Ms. A-B- appealed, and the decision was overruled by the Board of Immigration Appeals, the same board that had ruled favorably in the 2014 case.
The board sent the case back to Judge Couch for security checks to be completed and asylum to be granted. Without any explanation, Judge Couch held on to the case and refused to grant asylum as directed. And then, deviating from normal procedures, Mr. Sessions took jurisdiction.
The attorney general does have the power to reconsider any decision by the Board of Immigration Appeals. However, the procedural irregularities, paired with the possibility that Mr. Sessions may be using his authority to upend the precedent set in the Cifuentes case, are troubling. Mr. Sessions has given himself the power not only to decide Ms. A-B-’s fate but also ultimately to try to rule on how our country handles claims for all survivors of domestic violence looking for asylum.
To be clear, we do not yet know what Mr. Sessions will decide. But in the context of the Trump administration’s antipathy toward asylum seekers, and Mr. Sessions’s statements and actions with regard to immigrant women, his decision to assign himself jurisdiction does not bode well. Asylum seekers who have arrived at the American border seeking protection have been vilified by this administration.
The government has targeted women in ways that would have been unthinkable under prior administrations, including separating mothers who arrive at the border from their children and detaining pregnant women. Mr. Sessions himself has expressed his deep skepticism about asylum claims based on gender-related persecution.
At a time when violence against women and girls is a global crisis, a decision to deny protection to women who flee gender violence, including domestic violence, would be a grave mistake. This is a moment of truth of our country. Will we remain a beacon of hope for women worldwide whose lives are on the line because of domestic violence, and whose governments cannot or will not protect them? The answer, it seems, is in the attorney general’s hands.
Matter of A-B-, was a straight-forward application by the BIA of its existing precedents on asylum for victims of domestic violence.
The Immigration Judge who wrongfully denied the original asylum application appeared to disregard the BIA’s mandate to check fingerprints and grant on remand, and instead delayed the case without any apparent valid reason for doing so.
Sessions “certified” this case to himself either though neither party had requested his intervention and, remarkably, the DHS requested that the certification be dissolved to allow the BIA to resolve any issues under its existing framework of asylum precedents.
Sessions has made a number of inflammatory, anti-asylum statements including several made in a speech to EOIR adjudicators.
Is this “Justice In America?” Or, is it a “Parody of Justice In America” taking place in a “captive court system” dedicated to one-sided enforcement rather than fairness and Due Process.
Join the “New Due Process Army” and fight against Sessions’s perversion of the U.S. Immigration Court system to fit his “enforcement only” viewpoint.
Eli Hager of The Marshall Project in the NY Times:
On April 4, the White House posted a fact sheet on its website warning that legal “loopholes” were allowing tens of thousands of immigrant children who entered the country on their own to remain in the United States.
The next day, another post went up: “Loopholes in Child Trafficking Laws Put Victims — and American Citizens — At Risk.”
And the same week, the Administration for Children and Families, a division of the Department of Health and Human Services not normally known for its politics, announced that it “joins the President in calling for Congress to close dangerous loopholes.”
Over the past month, the Trump administration has taken aim at a set of child protection laws created to protect young people who cross into the United States without a parent or guardian, perhaps aided by smugglers. The administration now sees some of these same youths as a threat, and is portraying the laws as “loopholes” that are preventing the quick deportation of teenagers involved in gangs.
The campaign is aimed at Capitol Hill, but the Trump administration is not waiting for legislation: In a series of at least a dozen moves across multiple federal agencies, it has begun to curtail legal protections for unaccompanied children who cross the border. Many of these safeguards were created by a 2008 law that provided protections for children who might otherwise be forced into labor or prostitution.
The young people affected by the administration’s measures have been fleeing deadly gang violence in Central America since 2014, when civil strife erupted in the region. They are a less politically shielded group of young people than the so-called “Dreamers,” most of whom came to this country as toddlers with their parents.
The new directives appear aimed at detaining more of these youths after their arrival and speeding deportation back to their home countries — where they may face violent reprisals from gangs or other forms of abuse.
“It has been national law and policy that as adults we look out for children,” said Eve Stotland, director of legal services for The Door, a youth advocacy organization in New York. “No longer.”
Endangered Central American Children
Among the many new directives, the State Department in November gave just 24 hours’ notice to endangered children in Guatemala, Honduras and El Salvador before canceling a program through which they could apply for asylum in the United States before getting to the border. About 2,700 of them who had already been approved and were awaiting travel arrangements were forced to stay behind in the troubled region.
The Department of Homeland Security, meanwhile, has sharply cut back on granting a special legal status for immigrant juveniles who have been abused, neglected or abandoned; the program dropped from a 78 percent approval rate in 2016 to 54 percent last year, according to statistics compiled by U.S. Citizenship and Immigration Services. In New York, Texas and elsewhere, the agency in recent months has also begun revoking this protection for children who had already won it, according to legal aid organizations in the states.
The Justice Department has also issued legal clarification for courts and prosecutors about revoking “unaccompanied child” status, which allows minors to have their cases heard in a non-adversarial setting rather than in immigration court with a prosecutor contesting them. (The White House has said that it intends to remove this protection altogether, but has not yet done so.)
And the Office of Refugee Resettlement, which provides social services to vulnerable immigrant youth, is now placing all children with any gang-related history in secure detention instead of foster care, whether or not they have ever been arrested or charged with a crime, according to an August memo to the President’s Domestic Policy Council.
“It’s law enforcement mission creep, and our office is ill-prepared for it,” said Robert Carey, who was director of the refugee agency under President Barack Obama.
A Focus on Gangs
The Trump administration has said that its actions are necessary to stem the tide of violent crime. It has focused on teenagers belonging to or associated with the Salvadoran-American street gang MS-13, which has been linked by the police since 2016 to at least 25 homicides on Long Island — a testing ground for many of the president’s new policies.
About 99 of the more than 475 people arrested in the New York City area during ICE raids for gang members had come to the U.S. as unaccompanied children, a representative for the agency said.
To fortify the “loophole” narrative, official announcements of these ICE actions often point out that a number of those arrested were in the process of applying for various forms of child protection.
Yet 30 of 35 teenagers rounded up during these ICE raids last year and who later filed a class-action lawsuit have subsequently been released because the gang allegations against them were thin, according to the ACLU. And the Sacramento Bee reported that a juvenile detention center in California recently cut back its contract with the federal government and complained that too many immigrant teens were being sent there with no evidence of gang affiliation.
The refugee agency acknowledged in its August memo to the White House that only 1.6 percent of all children in its care have any gang history.
“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.
“The arguments they’re making are just really challenging to basic logic,” said Elissa Steglich, a law professor at the University of Texas who teaches a clinic for immigrant families.
. . . .
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Read the complete article at the link.
Yes, folks, it’s way past time to use the correct term for the Trump Administration’s outrageous, and in many cases illegal, policies directed against primarily Hispanic migrant children: “Child Abuse!”
I met many of these kids and families coming through my court over the years. While there were a tiny number of “bad actors” (which the DHS did a good job of discovering) the vast, vast majority were nothing like what Trump, Sessions and others are describing. They actually much better represented “true American values,” courage, and the “American work ethic” than do Trump and his valueless cronies.
That’s right folks! OUR U.S. Government is using racist-inspired lies to conduct a war against Hispanic children and to illegally return many of them to deadly and life threatening situations! Bad things happen to nations that let bullies and cowards bully, demean, and harm children!
The Trump Administration’s abuse of migrant children and their legal and Constitutional rights could be taken right out of a State Department Country Report on human rights abuses in a Third World Dictatorship. Is this they way YOU want to be remembered by history?
No, Constitutional and statutory protections for children are NOT “loopholes.” What kind of human beings speak such trash? The Trump Administration’s response to the “rule of law” when, as is often the case, it doesn’t fit their White Nationalist agenda is always to tell lies, rail against it, and look for ways around it.
Stand up against the lawless behavior and immoral actions of Trump, Sessions, and the rest of their “hate crew!” Join the “New Due Process Army” and fight against the Trump Administration’s erosion of our national values, morality, and the true “rule of law” (which is there to protect migrants and the rest of us from abuse at the hands of our Government).
Harm to the most vulnerable among us is harm to all!
Edward Levi and Griffin Bell were very different men. One was the son and grandson of rabbis, a legal scholar whose life revolved around the University of Chicago. The other was a country lawyer who became a master operator in the Atlanta legal world. One was appointed to high office by a Republican president, the other by a Democrat.
Yet for all their differences, Levi and Bell came to share a mission. Together, they created the modern Department of Justice and, more important, the modern American idea of the rule of law.
They were the first two attorneys general appointed after Watergate — Levi by Gerald Ford and Bell by his fellow Georgian Jimmy Carter. And they both set out to refashion the Justice Department into the least political, most independent part of the executive branch. “Our law is not an instrument of partisan purpose,” Levi said. It cannot become “anyone’s weapon.” Bell described the department as “a neutral zone in the government, because the law has to be neutral.”
They understood Richard Nixon’s deepest sins: He saw the law as an instrument not of justice but power. Yet Levi and Bell also knew that Nixon hadn’t been the only problem. Other administrations had also misused the law — investigating enemies and rivals, like civil-rights leaders. So Levi and Bell made sure that the crisis of Watergate didn’t go to waste.
They changed the rules for F.B.I. investigations. They put in place strict protocols for communication between the White House and Justice Department. They made clear — with support from Ford and Carter — that the president must have a unique relationship with the Justice Department.
“It’s perfectly natural and fine for the president and others at the White House to have interactions with the Justice Department on broad policy issues,” Sally Yates, the former deputy attorney general, told me last week. “What’s not O.K. is for the White House, and especially the president, to have any involvement with criminal prosecutions. That really turns the rule of law on its head.”
No administration has been perfect in the pursuit of neutral justice, but every one from Ford’s through Barack Obama’s stayed true to the post-Watergate overhaul. They allowed uncomfortable investigations to proceed unimpeded. They did not treat the law as a weapon.
Then came President Trump.
The story of Levi and Bell highlights how fragile the rule of law is. Much of it does not depend on the Constitution or legislation. It depends on political culture and habits. And that culture and those habits can change. In the sweep of history, the reforms of Levi and Bell are still quite young.
The most obvious ways that Trump is undermining the law involve the Russia investigation. Like Nixon, Trump is enraged that anyone in his administration would investigate anyone else in it. But Russia is only one part of the problem: Trump really does view the law as a weapon, to protect his allies and strike his enemies.
The incomplete list includes: He suggested an end to the prosecution of someone he likes (Joe Arpaio) and the start of prosecutions of people he hates (Hillary Clinton, James Comey). Trump defended his personal lawyer by claiming that the government regularly fabricates evidence. Trump has dragged federal prosecutors into politics, bringing one of them — John Huber, Utah’s top federal prosecutor — to the White House to give a speech lobbying for new immigration laws.
Other presidents did none of this. It undermines the idea of equal justice. It tells Americans that our legal system is merely another instrument of partisan battle, that our prosecutors and law-enforcement officers are political hacks in disguise.
The Trump attacks on the justice system demand a stronger response. The media can’t become numb. His aides and appointees need to stand up to him more often — rather than, for example, assenting to a baseless new inquiry into Clinton, overseen by none other than Huber.
And other Republicans, in Congress and private life, should summon more courage. “We don’t see senior Republican officials, either current or past, defending the Department of Justice and the F.B.I.,” John Bellinger III, a veteran of the George W. Bush administration, said last week at a Georgetown University conference on democratic norms. “It’s just inexplicable.”
Where are the Republican defenders of law and order? Where are you, John Ashcroft? What about C. Boyden Gray, Larry Thompson, Paul Clement, Ted Olson, Susan Collins and Ben Sasse? At least a few of them should be willing to take a little heat in defense of the American system of justice.
In retrospect, Levi almost seemed to be pleading with them in his 1977 goodbye speech as attorney general: “We have shown that the administration of justice can be fair, can be effective, can be nonpartisan. These are goals which can never be won for all time. They must always be won anew.”
Yup! And, in some cases, the disguise is pretty transparent — perhaps the only “transparency” in today’s DOJ.
This time period comes close to spanning my career in the DOJ. I worked for both Attorney General Ed Levi and Attorney General Griffin Bell (“known on the “5th Floor” of the DOJ as “Judge Bell”).
I don’t have a recollection of personally meeting Attorney General Levi. However, I did have a strong impression of his integrity because he disqualified himself from a key BIA disbarment case being then being written by my office mate Lauri Steven Filppu who later served with me as an Appellate Judge at the BIA.
The case was Matter of Koden, 15 I&N Dec. 739 (BIA 1974; A.G., BIA 1976), aff’d , 564 F.2d 228 (7th Cir. 1977). The conflict apparently involved the fact that Levi’s wife served on the board of a charitable organization in Chicago where Koden had worked as an attorney.
Compare that with Jeff Sessions who continues to interfere in BIA cases by certification notwithstanding the obvious conflict of interest and ethically required disqualification stemming from his many pejorative (often untrue and/or distorted) statements about migrants exercising their legal rights, particularly asylum seekers.
I knew Judge Bell better. As INS Deputy General Counsel I accompanied my then boss General Counsel (now Judge) David Crosland to a number of meetings in Bell’s office. I believe that our response to the Iranian Hostage situation was the main topic. I remember him as having a very pronounced Southern accent and being just what I expected of a former judge — concerned with the fair enforcement of the law.
Those days are long gone. The DOJ now appears to have reverted to what it was in the Nixon Administration, when Attorney General John Mitchell actually plotted Federal Crimes from his office.
Why did Paul Ryan choose not to run for re-election? What will be the consequences? Your guess is as good as mine — literally. I can speculate based on what I read in the papers, but so can you.
On the other hand, I do have some insight into how Ryan — who has always been an obvious con man, to anyone willing to see — came to become speaker of the House. And that’s a story that reflects badly not just on Ryan himself, not just on his party, but also on self-proclaimed centrists and the news media, who boosted his career through their malfeasance. Furthermore, the forces that brought Ryan to a position of power are the same forces that have brought America to the edge of a constitutional crisis.
About Ryan: Incredibly, I’m seeing some news reports about his exit that portray him as a serious policy wonk and fiscal hawk who, sadly, found himself unable to fulfill his mission in the Trump era. Unbelievable.
Look, the single animating principle of everything Ryan did and proposed was to comfort the comfortable while afflicting the afflicted. Can anyone name a single instance in which his supposed concern about the deficit made him willing to impose any burden on the wealthy, in which his supposed compassion made him willing to improve the lives of the poor? Remember, he voted against the Simpson-Bowles debt commission proposal not because of its real flaws, but because it would raise taxes and fail to repeal Obamacare.
And his “deficit reduction” proposals were always frauds. The revenue loss from tax cuts always exceeded any explicit spending cuts, so the pretense of fiscal responsibility came entirely from “magic asterisks”: extra revenue from closing unspecified loopholes, reduced spending from cutting unspecified programs. I called him a flimflam man back in 2010, and nothing he has done since has called that judgment into question.
So how did such an obvious con artist get a reputation for seriousness and fiscal probity? Basically, he was the beneficiary of ideological affirmative action.
Even now, in this age of Trump, there are a substantial number of opinion leaders — especially, but not only, in the news media — whose careers, whose professional brands, rest on the notion that they stand above the political fray. For such people, asserting that both sides have a point, that there are serious, honest people on both left and right, practically defines their identity.
Yet the reality of 21st-century U.S. politics is one of asymmetric polarization in many dimensions. One of these dimensions is intellectual: While there are some serious, honest conservative thinkers, they have no influence on the modern Republican Party. What’s a centrist to do?
The answer, all too often, has involved what we might call motivated gullibility. Centrists who couldn’t find real examples of serious, honest conservatives lavished praise on politicians who played that role on TV. Paul Ryan wasn’t actually very good at faking it; true fiscal experts ridiculed his “mystery meat” budgets. But never mind: The narrative required that the character Ryan played exist, so everyone pretended that he was the genuine article.
Which brings us to the role of the congressional G.O.P. and Ryan in particular in the Trump era.
Some commentators seem surprised at the way men who talked nonstop about fiscal probity under Barack Obama cheerfully supported tax cuts that will explode the deficit under Trump. They also seem shocked at the apparent indifference of Ryan and his colleagues to Trump’s corruption and contempt for the rule of law. What happened to their principles?
The answer, of course, is that the principles they claimed to have never had anything to do with their actual goals. In particular, Republicans haven’t abandoned their concerns about budget deficits, because they never cared about deficits; they only faked concern as an excuse to cut social programs.
And if you ask why Ryan never took a stand against Trumpian corruption, why he never showed any concern about Trump’s authoritarian tendencies, what ever made you think he would take such a stand? Again, if you look at Ryan’s actions, not the character he played to gullible audiences, he has never shown himself willing to sacrifice anything he wants — not one dime — on behalf of his professed principles. Why on earth would you expect him to stick his neck out to defend the rule of law?
So now Ryan is leaving. Good riddance. But hold the celebrations: If he was no better than the rest of his party, he was also no worse. It’s possible that his successor as speaker will show more backbone than he has — but only if that successor is, well, a Democrat.
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Yup. I’ve said before that Paul Ryan is a 24 carat fraud. He delivered on totally unnecessary tax cuts for the Koch Brothers and other “fat cats” that hurt the rest of America and that will cost us well into the future. He failed on Dreamer relief which should and could have been a “no brainer.” That tells you all you really need to know about this disingenuous creep!
Inside an Immigrant Caravan: Women and Children, Fleeing Violence
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Central American migrants, members of a group making its way through Mexico, waited in line on Wednesday to review their visa status at a temporary camp in Matías Romero. CreditBrett Gundlock for The New York Times
MATÍAS ROMERO, Mexico — With a sarcastic half-smile, Nikolle Contreras, 27, surveyed her fellow members of the Central American caravan, which President Trump has called dangerous and has used as a justification to send troops to the border.
More than 1,000 people, mostly women and children, waited patiently on Wednesday in the shade of trees and makeshift shelters in a rundown sports complex in this Mexican town, about 600 miles south of the border. They were tired, having slept and eaten poorly for more than a week. All were facing an uncertain future.
“Imagine that!” said Ms. Contreras, a Honduran factory worker hoping to apply for asylum in the United States. “So many problems he has to solve and he gets involved with this caravan!”
The migrants, most of them Hondurans, left the southern Mexican border city of Tapachula on March 25 and for days traveled north en masse — by foot, hitchhiking and on the tops of trains — as they fled violence and poverty in their homelands and sought a better life elsewhere.
This sort of collective migration has become something of an annual event around Easter week, and a way for advocates to draw more attention to the plight of migrants.
But this particular caravan caught the attention of Mr. Trump, apparently after he heard about it on Fox News. In a Twitter tirade that began Sunday, he conjured up hordes of dangerous migrants surging toward the border. He demanded that Mexican officials halt the group, suggesting that otherwise he would make them pay dearly in trade negotiations or aid cuts.
Mr. Trump even boasted that his threat had forced Mexico’s government to halt and disperse the caravan participants. But there was no evidence of that on Wednesday.
. . . .
Irineo Mujica, Mexico director of People Without Borders, an advocacy group that is coordinating the caravan, called Mr. Trump’s Twitter attacks and promise of a militarized border “campaign craziness.”
“There are 300 kids and 400 women,” he said. “Babies with bibs and milk bottles, not armaments. How much of a threat can they be?”
. . . .
The group, organizers and advocates said, represented a regional humanitarian problem, not a security crisis for the United States, as Mr. Trump has suggested.
“What he’s attacking is a supremely vulnerable population,” said Gina Garibo, projects coordinator in Mexico for People Without Borders.
In response to Mr. Trump’s tweets and his plans to militarize the border, the Mexican Senate unanimously passed a nonbinding statement on Wednesday urging President Enrique Peña Nieto to suspend cooperation with the United States on immigration and security matters — “as long as President Donald Trump does not conduct himself with the civility and respect that the Mexican people deserve.”
Caravan organizers also said their intent was never to storm the border, especially not with a caravan of this size. While the original plan included the possibility of escorting the caravan to the northern border of Mexico, organizers had expected the group to mostly dissolve by the time it had reached Mexico City.
. . . .
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Read the complete article along with more pictures of ordinary folks forced to make an extraordinary journey at the link.
There has never been any doubt that folks like Trump, Sessions, Miller, Nielsen have nothing but contempt for the truth, laws, and human life. But, they also think that the American people are pretty stupid to fall for the “fantasyland claptrap” that they throw out to drum up support for their racist restrictionist ambitions.
Although you’ll never hear it from the disingenuous Trumpsters, individuals arriving at our borders have a legal right to apply for asylum guaranteed by both U.S. and international law. Most of the “law-breaking” involves the actions of the Trump DHS. By refusing to properly process asylum applicants at legal ports of entry, the Administration actually encourages illegal entry and the use of smugglers.
The only real “crisis” at the Southern border is a humanitarian one that this and past Administrations have had key roles in creating through failed immigration and foreign policies. Without better, smarter government, we’re bound to deep repeating the same mistakes.
Where Fear and Hope Collide: Images From Mexican Border, and Beyond
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A man killed in a suspected drug-related execution in 2012 in Acapulco, Mexico. Violence has surged in Acapulco, once Mexico’s top tourist destination, spurring the flight of many Mexicans.CreditJohn Moore/Getty Images
For nearly a decade, the photographer John Moore has traversed the Mexico-United States border, covering the story of immigration from all sides — American, Mexican, immigrant and border agent.
His depiction of the border is both literal and figurative.
Families at a memorial service for two boys who were kidnapped and killed in February 2017 in San Juan Sacatepéquez, Guatemala.CreditJohn Moore/Getty Images
. . . .
A boy from Honduras watched a movie in 2014 at a detention facility for unaccompanied minors in McAllen, Tex.
. . . .
But wherever the numbers go, Mr. Moore’s images reflect an American truth: The fury and debate over immigration to the United States appears to be going nowhere.”
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Go to the above link to the NYT for the full article and all of Moore’s pictures.
What do you suppose the “boy from Honduras” is thinking about America? Are these the images by which we want to be remembered as a country? If not, join the New Due Process Army and work for constructive change!
