⚖️👨🏻‍⚖️👩🏽‍⚖️ GARLAND APPOINTS 39 NEW IJS — GOV. ATTORNEYS PREDOMINATE!

Judge Merrick Garland
Attorney General Merrick B. Garland
Official White House Photo
Public Realm

Attorney General Merrick Garland announced the appointment of 39 new Immigration Judges to EOIR. In somewhat of a “return to the past,” attorneys with primarily government backgrounds and judges from non-immigration systems predominated.

My “quick and dirty” analysis came up with the following groupings:

NGOs = 4

Immigration Private Practice = 9

Retired IJs = 2

DHS/EOIR = 10

Other Gov. = 8

Other Judicial = 5

Other Private Practice = 1

Among the names that stand out for me personally:

Judge Florence Chamberlain, San Francisco Immigration Court — Previously Managing Director, Northern Division, Ciudad Juarez, Kids In Need of Defense (“KIND”)

Judge Kevin Chapman, Atlanta Immigration Court — Previously Retired Immigration Judge, Orlando Immigration Court, previously Acting General Counsel and Deputy General Counsel EOIR

Judge Allison Daw, Sacramento Immigration Court — Previously Retired Immigration Judge Los Angeles & San Francisco Immigration Courts and former Member of the Round Table

Judge Enrique Holguin, El Paso Immigration Court — Previously Managing Attorney, Diocesan Immigrant & Refugee Services of El Paso

Judge June K. Lee, Hyattsville Immigration Court — Previously Director, Immigrants’ Rights Legal Services Project at Legal Aid D.C.

Judge Dianna Michelle Martinez Soler, New York (Broadway) Immigration Court — Previously Legal Director at Central American Legal Assistance (“CALA”), Brooklyn, NY

Judge Elizabeth Kohler Maya, Baltimore Immigration Court — Previously Managing Partner, Bromberg, Kohler Maya & Petre LLC, who appeared before me at the “Legacy” Arlington Immigration Court

Judge Anam Rahman Petit, Annandale Immigration Court — Previously Partner, Calderon Seguin PLC, Fairfax, VA, who appeared before me at the “Legacy” Arlington Immigration Court

Judge Susana Reyes, Seattle Immigration Court — Previously long-time private immigration practitioner, Dallas TX

Judge Tyler “Tiger” Wood, Denver Immigration Court — Previously Assistant Chief Counsel for ICE in Denver and Arlington where he appeared extensively in my court

Bios of these and all of the other newly appointed judges are here:

https://www.justice.gov/d9/2023-11/notice_eoir_announces_39_new_immigration_judges_11072023.pdf

Congrats and good luck to all the new judges! Remember, there’s only one real job at EOIR: Guaranteeing fairness and due process for all! 

🇺🇸 Due Process Forever!

PWS

11-07-23

🇺🇸😎🗽 GOOD NEWS FROM VA, OHIO, KY — DEMS & THEIR ISSUES JUST KEEP WINNING ELECTIONS, EVEN IN “RED” STATES — Tuesday Was A Victory For Women, Decency, & Democracy! — Another Defeat For GOP “Forced Birthers!”

“V” for Victory
“V” for Victory
Creative Commons
It was a good night for the “good guys!”

From CNN:

https://www.cnn.com/webview/politics/live-news/election-live-updates-11-07-23/index.html?cid=ios_app

Democrats have big night as abortion rights take center stage. Here are takeaways from Tuesday’s elections

From CNN’s Gregory Krieg

For all the sound and fury around Tuesday’s elections, there was one clear signal: Abortion rights are politically popular, no matter where or when they are on the ballot.

And that, no matter how you slice it, is good news for Democrats as the parties plot their strategies ahead of the 2024 elections.

Gov. Glenn Youngkin – the Virginia Republican who believed he could crack one of the most intractable issues in American politics with the promise of “reasonable” abortion restrictions – will not lead a GOP-controlled legislature in the Commonwealth, which denied the party control of the state Senate and put a swift end to both his plan for a 15-week abortion ban and rumors he might pursue a 2024 presidential bid.

Meanwhile, voters in Ohio decisively said they wanted a constitutionally protected right to abortion with the passage of a ballot measure – only a few months after they rejected another measure that would have made it harder for them to shield abortion rights.

And in Kentucky, the Democratic governor defeated his Republican challenger, a state attorney general with close ties to former President Donald Trump and Senate Minority Leader Mitch McConnell, after a campaign in which abortion became a flashpoint.

. . . .

***********

Read the full article at the link.

Thankfully, VA’s right-wing extremist Gov. Glenn “Junkman” Youngkin’s vile plans for limiting women’s rights, further bullying the LGBTQ+ community, and continuing to “dumb down” public education in the Commonwealth just took a big, timely, well-deserved hit!  His “stealth campaign” to disguise and present himself as a “jollier version of Trumpist extremism” in a future presidential run also suffered a setback! 

If only the GOP showed a fraction of the concern they supposedly have for human lives for those children already born into poverty and hopelessness, as well as those arriving at our borders in flight from horrific conditions in their native countries! GOP right wing politicos have opposed or dismantled a number of government programs and initiatives shown to have effectively reduced childhood poverty in the U.S. Talk about screwed up priorities!

🇺🇸 Due Process Forever!

PWS

11-08-23

⚖️🗽 WHAT DEMS SHOULD KNOW ABOUT THE BORDER — As Speculation Grows That Dems Will “Sell Out” Asylum Seekers To Get Aid For Israel & Ukraine, They Should Think About The Cruelty, Deadly Consequences & Inevitable Failure The GOP Seeks & The Real Costs Of Abandoning Human & Civil Rights —  “Deterrence won’t solve migration—it will only maim and mangle more men, women, and children.“

Border Death
Is it REALLY a good idea for Dems to trade war aid abroad for eradication of human rights and even more border deaths to appease right wing GOP extremists in Congress? — This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

From The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-political-pathology-of-border?r=330z7&utm_medium=ios&utm_campaign=post

We are happy to announce that we will be doing occasional guest op-eds here at The Border Chronicle, and today is our first. You probably remember Brian Elmore, the emergency-medicine resident physician who did a Q&A with Melissa last month. In this op-ed he vividly describes what border deterrence does to a person’s flesh, and he makes an eloquent call for its end. After 30 years of this strategy, which has proved both deadly and harmful for people crossing the border, it is our honor to publish this reckoning and call for action, especially since we are entering an election year (it is now November, after all).

Brian is also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute.

And lastly, !Feliz Día de Muertos! Todd

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

The Political Pathology of Border Deterrence: An Up-Close View of How This Policy Looks in the Emergency Room

“Deterrence won’t solve migration—it will only maim and mangle more men, women, and children. It will send more people to my emergency room. Some it will send to the morgue.”

. . . .

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

Read Dr. Elmore’s complete op-ed at the link.

So, exactly what makes “selling out” the legal, civil, and human rights of other persons a viable “strategy option” for Dem politicos, who certainly know better? See, e.g., https://www.politico.com/news/2023/11/02/biden-ukraine-aid-deal-00125125.  Sounds “pretty GOP” to me — selling rights that aren’t yours in the first place! See, e.g., Women’s Right to Choose & the “Forced Birth Movement!”

Dems shouldn’t believe that by abandoning asylum seekers and trashing both civil and human rights at the border they will gain any credit from the GOP or leverage from their xenophobic voters. They will just leave a trail of dead bodies and sow the seeds for the destruction of our democracy.

🇺🇸 Due Process Forever!

PWS

11-07-23

🗽⚖️ GREG CHEN AT THE BORDER: It Can Be Managed In A Humane & Legal Manner!

Greg Chen
Greg Chen
Director of Government Relations
AILA
PHOTO: AILA

Greg writes @ Azcentral.com:

https://www.azcentral.com/story/opinion/op-ed/2023/11/03/pima-county-migrants-congress-resources-ports-border-courts/71411161007/

If Pima County can effectively handle a migrant surge, why is it so hard for Congress?

Opinion: If Congress weren’t so dysfunctional, it would see where and how many resources are needed to effectively manage immigrants and the border.

Gregory Chen opinion contributor

It’s hard to imagine any American having faith in government — or its ability to solve a complex problem like immigration — when Congress can barely pass a temporary spending bill without getting mired in controversial issues like border security and coming dangerously close to shutting down the government.

Fortunately, dysfunction is not the story in every part of the country.

While Congress is pointing fingers on immigration, small towns and cities throughout the country are doing the hard work of managing migrants arriving at the U.S. southern border.

I recently visited Arizona with a delegation of immigration attorneys and policy experts and saw the work by government officials, social workers and health care professionals up close.

Every day, federal Customs and Border Protection (CBP) agents take recent arrivals to a church-affiliated shelter in Tucson, which does COVID-19 and other health screenings, provides a hot meal, and finds short-term local shelter, busing or other transportation in a matter of days or hours.

Remarkably, even with increased numbers of people coming into Pima County, the coalition of county administrators and nonprofits has found temporary housing and transport for everyone and avoided having people end up on the streets.

The local collaboration, supported by federal emergency funding, is a model for how migration at the border can be managed effectively.

. . . .

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

Read Greg’s complete article at the link. It’s largely what I’ve been saying all along. Although far from perfect (what is perfect these days?), the current law could be made to work if there were the political will to do so. 

The GOP’s unrelenting racism, xenophobia, dehumanization, and “doubling down” on failed deterrence and punishment “strategies” are guaranteed to make things worse. Dems need to stand tall for solving the humanitarian issues at Southern Border in a humane, legal, and practical manner, using the tools available under current law!

It can be done! We just need the political will (and political pressure) to make it happen. It’s not rocket science!🚀

🇺🇸 Due Process Forever!

PWS

11-06-23

🗽IMMIGRATION REFORM — A WAY FORWARD — Featuring Experts: Stephen Yale Loehr, Theresa Cardinal Brown, Randal K. “Randy” Johnson, Charles Kamasaki, Marielena Hincapie

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

***MEDIA ADVISORY***

Press Call: Thursday November 9 at 12:00 PM Eastern

RSVP to npimmigration@npstrategygroup.com for dial-in details.

Immigration Reform: A Path Forward

Ithaca, NY – As Congress considers border security issues in upcoming appropriations debates, four immigration scholars at Cornell Law School suggest opportunities for constructive, achievable, and sustainable immigration reforms. In a recent white paper they offer three sets of interlocking proposals structured to maximize bipartisan support: (1) strengthening border security; (2) adding work visas; and (3) offering deportation protection to DREAMers.

The Cornell scholars will assess the political landscape, describe their proposals, and outline why they believe the proposed reforms should—and could—be enacted.

WHEN: Thursday, November 9, 2023 at 12:00 PM Eastern

WHO:

HOW:

Participant Toll-Free Number: 800-225-9448 Primary
Participant Direct/International Number: 203-518-9708 Alternate
Conference ID: CORNELL

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

The item above is advertised as a “press call,” but it is open to anyone.

🇺🇸Due Process Forever!

PWS

11-04-23

⚔️🛡️⚖️🗽👩🏽‍⚖️ ROUND TABLE AMONG ORGS ENDORSING THE BIPARTISAN CHILDREN’S IMMIGRATION COURT BILL! — Rep. Hillary Scholten (D-MI) Among Co-Sponsors!

Cecelia M. Espenoza
Hon. Cecelia M.Espenoza
Former Appellate Immigration Judge, BIA; Member, Round Table of Former Immigration Judges
Source:
Denverdemocrats.org
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

 

“Sir Jeffrey” Chase reports:

Hi all: The bipartisan Children’s Immigration Court bill that we endorsed was introduced today.

The press release of Sen. Michael Bennet included this quote from Cecelia!

“The most vulnerable people in immigration proceedings are unaccompanied children. The Immigration Court Efficiency and Children’s Court Act of 2023 not only improves the process for children, it also provides necessary support and guidance to the overburdened immigration court system to address the needs of these children,” said Cecelia M. Espenoza, Former Appellate Immigration Judge.

A link to the full press release is here:

https://www.bennet.senate.gov/public/index.cfm/press-releases?id=26F938C9-0426-41DA-8F25-1BF08FD8E4AE

And this accompanying list of sponsoring organizations includes the Round Table (at #28):

https://www.bennet.senate.gov/public/_cache/files/8/5/85527130-70b8-40ab-8324-4ecc466712c5/E717DE48CC2EA2E5166E595774B666E5.children-s-court-supportive-orgs.pdf

Feel free to amplify/share/distribute.

Thanks to all! – Jeff

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

Thanks to Sen. Michael Bennett (D-CO), Sen. Lisa Murkowski (R-Alaska), Rep. Dan Goldman (D-N.Y.), Rep. Maria Salazar (R-Fla.), Rep. Hillary Scholten (D-MI), and Rep. Lori Chavez-DeRemer (R-OR)! This is long, long overdue! A great bipartisan idea! 😎

Rep. Hillary Scholten (D-MI)
Credit: Ike Hayman
SOURCE: Wikipedia

Rep. Hillary Scholten, the only former EOIR attorney in Congress, and an indefatigable advocate for good government, due process, common sense, and the well-being of children had this to say:

“Let’s be clear about one thing–infants and children should not be in a situation where they have to stand trial in immigration court,” said Scholten. “We have a deeply broken immigration system in this country. But as we continue the long and complicated work for repairing it, of fighting for justice in a political climate that has grown callous to the suffering of children, the next best option is creating a court that works to accommodate their unique needs. As a mom, I’ll never stop fighting for these vulnerable kids.”

🇺🇸 Due Process Forever!

PWS

11-4-23

🆘 A PRACTITIONER’S CRY FOR HELP FROM THE BOWELS OF GARLAND’S DYSFUNCTIONAL “COURTS!” – How Bad Must Things Get For Our “Above The Fray” AG To Finally Make Long-Overdue, Common Sense, Readily-Achievable Due Process Reforms To His Malfunctioning EOIR?

Atilla the Hun
Is this REALLY the “look” that Dems want at the “retail level” of the U.S. justice system. What if Garland and his lieutenants had to face this every day of their professional careers?

Received in the “Courtside mailbox:”

Hello. I just came across your page. What great work you are doing. This is awesome. I have a few topics that it would be nice to see a discussion about regarding IJ demeanor and how immigration lawyers are treated by IJs: 

1. IJs are unchecked in many instances. When a lawyer is sick and unable to appear, there is no established method for informing the court. You just hope that the IJ has a responsible and reliable legal assistant [note: high turnover and understaffing of legal assistants is a chronic problem at EOIR] who will inform the IJ of your illness. Oftentimes, IJs become enraged that you do something human like “become too sick to appear. They take it out on the respondent who has courageously appeared, without a lawyer, to avoid an inabsentia order. They oftentimes display bullying and rude behavior towards the client and the office staff of the lawyer when they learn that the lawyer cannot appear, even in instances where the lawyer or lawyer’s staff members have taken measures to inform the court of said illness. This bullying behavior may cause the client to lose faith in the attorney’s representation.

 

In years past, I can probably count upwards of several dozen occasions when I have traveled over 2 hours for a PreCovidafternoon individual hearing only to find out that the IJ was out sick. [“Aimless Docket Reshuffling (“ADR”) in action.] No one called to inform my office, and there was no recourse or reimbursement of travel funds. It would have been inappropriate to express any anger at the time I was informed at the pre-COVID hearing. Yet some IJs take it out on lawyers, the respondent, and the lawyers’ staff for the being too ill to appear. There is no human response. This behavior pressures some lawyers to perform even in instances where they may not be competent to perform. Yet IJs cancel court hearings, from the privacy of their homes, by calling out of work, providing lawyers and respondents with absolutely no notice or explanation. 

2. Some IJs are unreasonably denying Webex hearings. How can the private bar join the DHS to make a statement regarding their newest fight to challenge IJs seeking to force them to travel from other states and far-away locations for hearings? 

3. IJs need to stop yelling, rolling eyes, bullying, and mistreating lawyers and respondents.

 

4. One time I appeared in court with high fever and a bad cough, and asked for a continuance. Instead, the judge forced me to conduct the 3-hour individual hearing anyway. I was surely not competent to represent the respondent that day. 

 

5. OPLA apparently is now being forced by EOIR to appear in person at the court. OPLA’s position is that its attorneys shouldn’t be forced to travel hours each way to and from to conduct hearings, and that it is essentially a waste of resources when WebEx is available. I believe that the private bar should join OPLA in its battle to preserve the ability to appear by WebEx, since it concerns us too.

 

6. We should not be arbitrarily and capriciously dragged in to court for in person appearances when technology affords otherwise. We have been using virtual technology for almost four years now, with the lesson of efficiency at the forefront. Traveling numerous hours each way is costly and ultimately unproductive for both the government and private bar members not living in close proximity to courts. With the advent of WebEx, attorneys get more work done by cutting down the number of hours sitting in traffic, leaving more time for case management and preparation. Most importantly, the benefit of WebEx hearings is an improvement of mental health of attorneys on both sides. It is important to mention that the pressure associated with dealing with temperamental adjudicators, a lack of productivity from daily travel, and overwhelming pressure to perform one’s duties for fear of being found ineffective ultimately leads to depression and anxiety. 

 

7. One can also imagine the overall benefits for IJs and EOIR personnel. Having an efficient process for disposal of cases also gives IJs more time for case review and case management. One might also surmise that IJs may find relief in having fewer people in their courtrooms. 

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

This unduly harsh treatment of the legitimate needs of private attorneys by some IJs contrasts sharply with the recent “policy position” of OPLA that, essentially, ICE attorneys only have to appear in cases where “they feel like it.” https://www.ice.gov/about-ice/opla/prosecutorial-discretion.

I can testify from years on the bench that there are many occasions when as an IJ, I needed information and positions that only the Assistant Chief Counsel could furnish. This basically contemptuous approach to Immigration Court by DHS effectively converts IJs into Asylum Officers, perhaps less than that because IJs don’t have ready access to key information in the DHS databases. Moreover, I actually learned useful things about the strengths or weaknesses of a case by having an opportunity for a face-to-face dialogue with both counsel.

I wonder if OPLA would dare conduct business in this highly insulting and unprofessional manner if the DOJ had actually implemented the statutory contempt authority granted to IJs by Congress decades ago but improperly withheld by DOJ over Administrations of both parties.

This isn’t to minimize the observations of the anonymous attorney who related their experiences above that both counsel, and the cause of justice, suffer from lack of minimum professional judicial standards at EOIR.

I wonder how AG Merrick Garland and his political lieutenants would like it if, rather than moving on to cushy jobs after their DOJ tenure, they were required to spend the rest of their careers making a living representing individuals before the dysfunctional and irrationally “user-unfriendly” courts that they thus far have failed to materially reform? Until the Immigration Courts are finally removed from DOJ into an independent Article I structure, the appointment of AGs who lack significant “hands on” experience representing individuals before EOIR will remain problematic for justice in America. In the interim, Garland could and should make reforms administratively! Why hasn’t he?

🇺🇸 Due Process Forever!

PWS

11-03-23

⚖️🗽😎 CRAVATH CELEBRATES PRO BONO WEEK WITH A BIG “W” — Case Had Been Pending 5 Years Because Of Bad Decisions From BIA, IJ!

 

Wes Earnhardt, Esquire
Wes Earnhardt, Esquire
Partner
Cravath, NYT Office
PHOTO Cravath

https://bit.ly/3M9E57w

On August 30, 2023, Judge Leo A. Finston of the Newark Immigration Court granted asylum to a Cravath pro bono client persecuted by gang members in El Salvador.

Cravath’s client overheard the murder of his neighbors by a Salvadoran gang and, fearing retaliation from the gang, subsequently refused to provide police with information. Even so, he was repeatedly attacked and continued to receive threats to “cooperate with the gang.” He fled El Salvador and arrived at the Texas border in December 2017, turning himself in to United States immigration officials and requesting asylum. He was detained, and Human Rights First represented him before the Immigration Court in Newark, New Jersey.

In September 2018, Judge Finston denied the application for asylum, finding that, while the man was credible and had suffered PTSD from the events in El Salvador, “complaining witnesses against major Salvadoran gangs” were not a “particular social group” for purposes of asylum, and there was not sufficient probability that he would be tortured upon his return to El Salvador. In March 2019, the Board of Immigration Appeals (BIA) dismissed the initial appeal. Cravath became involved at this stage, briefing and arguing the appeal before the Third Circuit Court of Appeals.

On April 17, 2020, the Third Circuit issued a precedential opinion (see related news item here) granting the client’s petition for review, vacating the BIA’s removal order and remanding the case to the BIA for further proceedings. The Court held that “persons who publicly provide assistance against major Salvadoran gangs do constitute a particular social group” for purposes of asylum, and that the BIA erred in denying relief under the Convention Against Torture, finding that “it is clear to us, viewing the record as a whole, that [he] suffered torture”. The Court remanded the case to the BIA, and in December 2021, the BIA remanded the matter to the Newark Immigration Court for further proceedings.

By that time, Cravath’s client was living in hiding in El Salvador, and the Cravath team spent the next year and a half trying to secure his return for a new merits hearing, consistent with the Third Circuit’s opinion.

On July 20, 2023, at a Master Calendar Hearing before Judge Finston, the Cravath team argued the man had a meritorious case and constitutional due process and statutory rights to be present at his merits hearing, but the Department of Homeland Security took the position that it had no obligation to allow him to return. On August 30, 2023, the Cravath team appeared on the client’s behalf at a second Master Calendar Hearing, where Judge Finston found that, in light of the Third Circuit’s opinion and based on the record before him, it was clear the man qualified for asylum and no further proceedings were necessary.

The Cravath team was led by partner Wes Earnhardt and included associates Brian P. Golger and Ana C. Sewell.

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

Many congrats to Cravath!

I told the BIA that witnesses were a PSG more than a decade ago! They wouldn’t listen, but the Fourth Circuit did! See Crespin-Valladares v. Holder, 632 F. 3d 171 (4th Cir. 2011). When will they ever learn?

With proper guidance from a competent BIA, this case should have been a “slam dunk grant” five years ago. This also illustrates the absurdity of those who disingenuously claim that asylum applicants can receive due process without competent representation! It also shows the legal and moral bankruptcy of “expedited docket gimmicks” that attempt to rush cases to denial and deportation without a realistic chance to get representation and prepare!

The U.S. asylum system would work much more fairly and efficiently with a BIA of recognized asylum experts! They are out here! Why hasn’t Garland reformed and reconstituted the BIA to get the job done? 

Lives and the future of American law are at stake here! 

It’s a huge deal! Dems must “lose” the arrogant “it’s only immigration” attitude that has prevented Dem Administrations from doing the correct, courageous (and smart) thing on immigration, human rights, social justice, and civil rights! Migrants’ rights are human rights are civil rights are everyone’s rights!

Judge Finston did the right thing on remand from the Circuit. I’d like to believe that with better guidance from the BIA he would have done it five years ago. The human impact of the abject failure of the BIA to provide positive leadership on GRANTING asylum in recurring situations is an incomprehensible drag  on our justice system at many levels.

Better judges for a better America! And, it starts at the “retail level” with EOIR!

🇺🇸 Due Process Forever!

PWS

11-2-23

☠️☹️ “AMERICA’S MOST BROKEN COURT!” — Jeremy McKinney “Outs” EOIR on Slate!

 

Star Chamber Justice
Appearing before EOIR courts can be highly stressful — not everyone survives the ordeal! Here, a 3-judge panel deliberates the fate of an asylum seeker using traditional methods.
Jeremy McKinney
Jeremy McKinney, Esquire
Greensboro, NC
AILA President

Jeremy writes:

https://slate.com/news-and-politics/2023/10/the-most-broken-court-in-america.html

As Congress returns to action after House Republicans were finally able to elect a speaker of the House following a weekslong impasse, one area they seem determined to address is border policy. Unfortunately, there seems to be much less interest in tackling one of the most important parts of our immigration system: immigration courts.

To put it mildly, there are a lot of misunderstandings about immigration court, and how things work or don’t work. As someone who’s been working in immigration courts for 25 years, I can say there are a myriad of ways things can and should be better.

First, the distances between immigration courts and the people who need to use them are often vast. My office is in Greensboro, North Carolina; my immigration court is in Charlotte. My clients typically travel from two to five hours to appear in court.

I once represented two children—a brother and sister from Central America—in immigration court proceedings. They had been sold by their father into domestic servitude and then abused by the people who trafficked them. The children escaped and reached the United States.

To prove they deserved asylum under our laws, they had to share what happened to them. The brother was so young, he struggled to articulate the horrors he experienced, while his older sister bore the deep scars of trauma, ones so severe that she had attempted to take her own life while her case in court was pending.

pastedGraphic.pngAs horrifying and clear-cut as their stories seemed, the siblings faced a bewildering array of legal challenges. Their notices to appear lacked any hearing date, leaving them confused about when to appear. Immigration judges frequently order people removed for not appearing, despite the countless examples of ways in which the bureaucracy fails to inform people what their obligations are.

Before filing their asylum applications, I had to send a copy to U.S. Citizenship and Immigration Services to trigger biometrics appointments for their criminal and security background checks. Some judges have ordered people removed for not having the biometrics done even though there isn’t anything they can do except request an appointment. Without a competent attorney working with you, it is impossible to make your way through all these pitfalls; errors at any of these stages could have resulted in them losing their asylum case—a devastating consequence and really a matter of life or death.

Prior to the hearing, I tried to contact the Immigration and Customs Enforcement attorney in their case to narrow down the legal issues. But the ICE attorney never responded, which is unfortunately common. In fact, ICE has recently instructed their attorneys that they don’t even need to appear in court. In any other court, if the trial attorney didn’t show up, the case would be dismissed. But not in immigration court.

Ultimately these siblings won their case because at the time, fear of persecution on account of kinship and domestic abuse was recognized as a valid basis for asylum. But several years after they won, then-Attorney General Jeff Sessions changed asylum law using his unusual power to override immigration court decisions and tried to block kinship and abuse cases as bases for gaining asylum.

The simple truth is that immigration courts are not real courts. The Executive Office for Immigration Review, or EOIR, is an arm of the Department of Justice headed by a political appointee, the attorney general. The attorney general has total authority over EOIR—including the power to hire the judges and re-adjudicate any case they decide. In an appeal, the attorney general represents the government in seeking to deport the person instead of remaining the neutral decision-maker. Given their very structure, the courts are not fair.

. . . .

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Read the rest of the article at the link.

Notably, the notice issue, such as the lack of a hearing date, time, and place, as required by statute, has reached the Supremes for the third time. A better BIA would have followed the statute and held DHS accountable right off the bat.

Instead, Garland continues to waste the time of the  Supremes mindlessly defending the BIA’s decision to “paper over” what at best are “worst practices,” and in the view of the Round Table and other experts, a blatant violation of the statute! See, e.g., https://immigrationcourtside.com/2023/10/31/%e2%9a%96%ef%b8%8f%f0%9f%97%bd%f0%9f%91%a9%f0%9f%8f%bd%e2%9a%96%ef%b8%8f%f0%9f%91%a8%f0%9f%8f%bb%e2%9a%96%ef%b8%8f-round-table-gibson-dunn-pro-bono-provide-supremes-with-expert-inpu/.

This is just one of many problems that, in the absence of long-overdue Congressional action to establish an independent Article I Court, as urged by Jeremy and other experts, Garland has failed to address with administrative reforms and needed personnel changes within his sole authority!

🇺🇸 Due Process Forever!

PWS

11-01-23

⚖️🗽👩🏽‍⚖️👨🏻‍⚖️ ROUND TABLE, GIBSON DUNN PRO BONO PROVIDE SUPREMES WITH EXPERT INPUT ON “NOTICE” ISSUE IN LATEST AMICUS BRIEF!  — Campos-Chaves v. Garland

Knightess
Knightess of the Round Table

Here’s a copy of the brief:

Notice Amicus—1737000-1737148-judges_amici briefly

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

Many thanks to all involved in this effort, particularly Richard Mark and the Pro Bono Team at Gibson Dunn. Will the DOJ go down for the third time on interrelated notice issues before the Supremes? What if the BIA followed the statute and held DHS fully accountable? What if due process, fundamental fairness, and best practices were the mission of EOIR? (Hint, they once were the “noble vision” of EOIR —  trashed by Administrations of both parties.)

🇺🇸 Due Process Forever!

PWS

10-31-23

⚖️ GIVING CONTEXT TO THE GOP’s OVERHYPED “BORDER TERRORIST” CLAIMS: Experts Set The Record Straight!

Maria Ramirez Uribe
Maria Ramirez Uribe
Immigration Reporter
PolitiFact
PHOTO: PolitiFact.com

Maria Ramirez Uribe reports for PolitiFact:

https://www.politifact.com/article/2023/oct/27/ask-politifact-how-many-people-on-the-terrorist-wa/

Some Republican lawmakers are flagging Hamas’ attack on Israel as an example of why more security is needed at the southern U.S. border. Hamas militants breached a border fence and attacked Israeli villages bordering the Gaza Strip on Oct. 7.

“Potential terrorists are attempting to cross our southern border. In September alone, 18 illegal immigrants on the terror watchlist were caught at the border,” U.S. Sen. Marsha Blackburn, R-Tenn., posted Oct. 21 on X. “The attack on Israel should serve as a warning as to why we must secure the border.”

The next day, U.S. Rep. Kevin McCarthy, R-Calif., also mentioned the terrorist watchlist on NBC’s “Meet The Press.”

“We just caught 18 people, just last month, on the FBI terrorist watchlist, coming across our border,” McCarthy said. “More than 160 have done it this year, a record breaking.”

U.S. immigration officials have encountered rising numbers of people on the watchlist. But not everyone on the list is a terrorist, and not everyone encountered is allowed to enter the country.

Terrorism and immigration experts say that the threat of attacks in the U.S. and Israel are incomparable.

“They both involve borders, but the comparison ends there,” David Bier, an immigration expert at the libertarian Cato Institute, previously told us. “People aren’t crossing the border to conduct terrorist attacks or take over parts of the United States. A very small percentage may come to commit ordinary crimes, like selling drugs, but overwhelmingly, they are coming for economic opportunity and freedom.”

McCarthy’s office did not respond to our query for more information. A Blackburn spokesperson pointed us to a Fox News reporter’s post on X. Customs and Border Protection did not confirm whether 18 people were stopped in September.

Here’s what we know about who is on the terrorist watchlist, and what the data can and can’t tell us.

. . . .

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

Read Maria’s complete article which includes comments from real experts like Professor Stephen Yale Loehr, Professor Denise Gilman, Aaron Reichlin-Melnick, and others in addition to David Bier. They stand in sharp and long overdue contrast with the GOP’s alarmist, out of context, claims.

It’s little wonder that a party of anti-democracy activists, insurrectionists, and election deniers would want to deflect attention from themselves onto folks who are overwhelmingly coming to save their lives and to work hard and contribute to our economic growth! 

I have previously “called out” Kristen Welker and NBC’s Meet the Press for giving McCarthy an unnecessary public forum for his alarmist narrative. See, e.g.,  https://immigrationcourtside.com/2023/10/23/🚩politics-gops-bakuninist-clown-show-sows-american-chaos🤮☠️/. Worse yet, there was no effective “pushback” from Welker on McCarthy’s attempt to blame vulnerable asylum seekers for the political disorder and threats to our democracy that he and his righty GOP buddies helped sow!

Many thanks to Maria for setting the record straight and to the experts who were interviewed from her article! You actually did the “due diligence” that Welker and others often brush off when “doing immigration.”

Those wanting to learn about what’s really happening at the border and what reasonable improvements might actually be possible will get a chance to hear from Professor Yale Loehr and  Muzaffar Chishti in a webinar upcoming on Nov. 7. See https://immigrationcourtside.com/2023/10/25/🗽tired-of-border-bs-from-nativist-pols-media-bureaucrats-get-the-real-skinny-from-the-experts-yale-loehr-chishti-on-nov-7-zoom-option-availab/.

Of course border security is important! A significant, achievable improvement would be to establish a fair, timely, functional asylum screening and adjudication system at ports of entry so that those seeking asylum will be motivated to use it (rather than attempting  to “punish” and “deter” those who can’t use the current dysfunctional DHS/EOIR “system.”) That would give CBP a chance to concentrate on the real law enforcement challenge: identifying and stopping those who seek to harm the U.S. That’s going to take even better intelligence and more sophisticated efforts.

I also wouldn’t minimize that, as pointed out by the experts, CBP has been able to identify and deny entry to individuals on their list. That’s a sign of success, not failure!

To state the obvious, further cutting or restricting asylum (as many in the GOP disingenuously advocate) would only force even more of those seeking refuge into the hands of smugglers and push them into the dangerous lands between ports of entry. Misdirecting enforcement resources to fruitlessly and improperly trying to “deter” and “apprehend” those legitimately seeking refuge will only further dilute the attention that CBP can pay to any real dangers lurking at the border!

🇺🇸 Due Process Forever!

PWS

10-30-23

🤯 POLITICS: (SADLY) YOU CAN’T MAKE THIS STUFF UP! —  Bess Levin @ Vanity Fair With The (Very) Low Down On MAGAMIKE!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2023/10/everything-to-know-about-mike-johnson?utm_source=nl&utm_brand=vf&utm_mailing=VF_HIVE_102823&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&source=EDT_VYF_NEWSLETTER_0_HIVE_ZZ&utm_campaign=VF_HIVE_102823&utm_term=VYF_Hive

Election Denial, “Sexual Anarchy,” Noah’s Ark: All the Mike Johnson Details We Regret to Inform You Of

By Bess LevinOctober 26, 2023

There’s a lot that’s concerning!

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Drew Angerer/Getty Images

On October 25, after several weeks that saw dysfunction, chaos, humiliation, and anonymous threats to at least one lawmaker’s wife, Republicans finally elected a Speaker of the House to succeed Kevin McCarthy: Mike Johnson, a representative from Louisiana who has the distinction of being the least experienced Speaker in more than a century.

At the time of Johnson’s accession, a lot of Americans likely had no idea who he was; actual Republican senator Susan Collins, for one, told a reporter she didn’t know Johnson but planned to remedy that by googling him. And if you weren’t familiar with Johnson, you might’ve assumed that that was maybe even a good thing—that he was just a quiet Republican who hadn’t gotten wrapped up in the insanity plaguing the GOP over the last seven or so years. He didn’t have the name recognition of, say, Jim Jordan or Matt Gaetz, but perhaps that simply spoke to the fact that he wasn’t leading a series of absurd hearings in an attempt to take down Joe Biden; or bragging about being so devoted to Donald Trump that he answered his phone calls during sex. Maybe, you might have thought, he wasn’t someone you’d have to constantly worry about re: undermining democracy or trying to take away people’s rights.

Unfortunately, that is not the case with Johnson, who may not have been well known prior to being given one of the most powerful jobs in government but is very much someone whose extremist views and actions should keep you up at night.

Herein, a running list of the absolute most WTF things the new Speaker has said and done on everything from the 2020 election to abortion to LGBTQ+ rights and more.

Abortion

Johnson is proudly antiabortion. When Roe v. Wade was overturned last year, he called it “a great, joyous occasion,” later writing, “We will get the number of abortions [in Louisiana] to ZERO!!” As an attorney for the Alliance Defense Fund, now known as the Alliance Defending Freedom, he worked on efforts to shut down abortion clinics in the state. In Congress, he cosponsored legislation that would have banned abortions at about six weeks of pregnancy, i.e., a time when many people do not even know they’re pregnant. He’s beloved by the antiabortion organization Susan B. Anthony Pro-Life America, which has given him an A+ rating. In 2015, he blamed school shootings on abortion, telling writer Irin Carmon, “When you break up the nuclear family, when you tell a generation of people that life has no value, no meaning, that it’s expendable, then you do wind up with school shooters.”

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In some real Handmaid’s Tale shit, he declared during a House hearing that if women were forced to have more children, a.k.a. “able-bodied” workers, there would be more funding for Social Security and Medicare:

On at least one occasion, he declared that doctors who perform abortions should be sentenced to “hard labor”:

Oh, and like many antiabortion zealots, Johnson doesn’t seem to like contraception either.

LGBTQ+ rights

Hoo boy, where to start? Here are some things that Johnson has said about LGBTQ+ people, same-sex marriage, and gay sex between consenting adults:

In his work as an attorney for the Alliance Defense Fund, Johnson also argued in court that same-sex couples should not receive domestic partnership benefits, and officially opposed the Supreme Court’s decision to decriminalize gay sex between consenting adults. In the Louisiana House of Representatives, he proposed a bill that critics say would have made it easier to discriminate against LGBTQ+ people. (In response, he claimed he was not a “bigot,” adding: “I know that I brought this bill for the right reason.”) Meanwhile, in Congress, he introduced a national bill seemingly modeled after Florida’s “Don’t Say Gay” law; voted against the 2022 bipartisan bill to codify gay marriage; and last year cosponsored a bill making it a crime to provide gender-affirming care to anyone under 18, despite the American Academy of Pediatrics backing such care.

“I would be hard-pressed to think of a worse member to be elected Speaker of the House,” Allen Morris, policy director for the National LGBTQ Task Force, told The 19th.

Separation of church and state

If you guessed that Johnson doesn’t believe in it, you guessed right. In April—as in, just a few months before he was elected Speaker—the congressman railed against what he referred to as the “so-called separation of church and state,” saying, “The founders wanted to protect the church from an encroaching state, not the other way around.”

In 2018, Johnson argued for prayer in public schools.

Evolution

In addition to blaming abortion for mass shootings, Johnson has also claimed that the teaching of evolution has played a part. In a 2016 sermon, he told the audience, “People say, ‘How can a young person go into their schoolhouse and open fire on their classmates?’ Because we’ve taught a whole generation—a couple generations now—of Americans, that there’s no right or wrong, that it’s about survival of the fittest, and [that] you evolve from the primordial slime. Why is that life of any sacred value? Because there’s nobody sacred to whom it’s owed. None of this should surprise us.”

In related news, a year prior, Johnson filed a lawsuit for an organization to receive tax subsidies to build a Noah’s Ark–focused theme park in Kentucky. “When the Ark Project sails, everybody will benefit,” he wrote in an op-ed, “even those who are stubbornly trying to sink it.” The Ark Encounter is operated by a fundamentalist Christian group that believes in creationism.

Climate

Where does Johnson, not exactly a man of science, land on global warming? Well, per The New York Times:

Representative Mike Johnson of Louisiana, the newly elected House Speaker, has questioned climate science, opposed clean energy, and received more campaign contributions from oil and gas companies than from any other industry last year. Even as other Republican lawmakers increasingly accept the overwhelming scientific consensus that human activity is dangerously heating the planet, the unanimous election of Mr. Johnson on Wednesday suggests that his views may not be out of step with the rest of his party.

A former constitutional lawyer, he does not sit on committees that decide the fate of major energy issues. But he has consistently voted against dozens of climate bills and amendments, opposing legislation that would require companies to disclose their risks from climate change and bills that would reduce leaks of methane, a potent greenhouse gas, from oil and gas wells. He has voted for measures that would cut funding to the Environmental Protection Agency.

In 2017, Johnson opined: “The climate is changing, but the question is, is it being caused by natural cycles over the span of the earth’s history? Or is it changing because we drive SUVs? I don’t believe in the latter. I don’t think that’s the primary driver.”

The 2020 election

By now you’ve likely heard that Johnson spent a significant amount of time and energy trying to overturn the 2020 election—an effort that included leading the amicus brief signed by more than 100 GOP lawmakers that asked the Supreme Court to overturn the 2020 election results in Georgia, Michigan, Wisconsin, and Pennsylvania. Johnson also objected to the certification of Biden’s win on January 6; his arguments for doing so were adopted by a significant number of Republicans, leading the Times to call him “the most important architect of the Electoral College objections.” One day prior, per Politico, he told colleagues, “This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” before pressing them to oppose the Electoral College results. Oh, and he was a Dominion truther:

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Where does Johnson stand on the 2020 election now? Before the floor vote, he refused to answer a reporter’s question about the matter, and after officially becoming Speaker, he did just the same:

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Not really the kind of endorsement you want these days

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Thank God the GOP is now free to get back to the important, not-at-all-made-up issues

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Elsewhere!

Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

NYT • Read More

North Carolina Republicans Approve House Map That Flips at Least Three Seats

NYT • Read More

Georgia’s congressional map violates Voting Rights Act, court finds

Politico • Read More

Donald Trump’s 2020 Cronies Appear to Be Ditching Him One by One

Vanity Fair • Read More

Democrats plot end run around Tuberville blockade of military promotions

The Washington Post • Read More

Blake Masters announces House bid in Arizona, forgoing another run for Senate

Politico • Read More

“Get the right cases to the Supreme Court”: inside Charles Koch’s network

The Guardian • Read More

CEO Morning Routines Are Bananas. So I Tried a Few.

WSJ • Read More

More Great Stories From Vanity Fair

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

Go on over to the Levin Report at the above link to get all the gory (perhaps an understatement) details on America’s Retrograde Speaker! 

MAGAMike often pretends as if the his interpretation of the Bible, not the Constitution or the Declaration of Independence, were our founding document. 

But, believe it or not, the founding fathers were actually “revolutionaries,” not “reactionaries,” who overthrew tradition to arrive at a different place. In the process they incorporated what in those days were some “enlightenment” ideals to replace “traditionalist” regressive principles like the “divine” right of kings and a purely hierarchical society where there was no escape from the status assigned at birth!

One can debate the exact religious beliefs of the founders. But, they certainly foresaw a non-static society, open to change, and tolerating more than one viewpoint. They weren’t theocrats, and they weren’t wedded to the view that society can’t change and evolve to adapt to new norms and practical realities.

One could read the teachings of Christ as promoting love, kindness, tolerance, forgiveness, perspective, and siding with society’s outcasts. MAGAMike and his zealots appear to have a quite different “take.” That’s their prerogative. But, they shouldn’t be allowed to impose their peculiar, wayward views on the rest of us.

Faced with his first national tragedy, and a chance to show some real guts, leadership, and humane, common-sense principles derived from Christianity, all the self-professed “Man of God” and “protector of the unborn” (but “rejector of the  born”) could muster was the same old trite “hearts and minds” garbage that flows from spineless GOP politicos. Compare MAGAMike with Rep. Jared Golden (D-ME) who apologized and changed his position to favor an assault weapons ban. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiJ35iN1puCAxVBk2oFHWs3CX8QvOMEKAB6BAgQEAE&url=https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2023%2F10%2F26%2Fmaine-shooting-gun-control-laws%2F&usg=AOvVaw1NdJWXqX0pvd75g3dguKa_&opi=89978449.

Jesus would have valued assault weapons over human lives? Gimmie a break!

🇺🇸 Due Process Forever!

PWS

10-29-23

🏴‍☠️🤮 “CHRISTIAN” WHITE NATIONALIST MAGAMIKE TAKES GOP TO NEW LOWS — Greg Sargent @ WashPost

 

MAGA MikeMAGA Mike

By Bruce Plante

Republished under license

Greg writes:

https://www.washingtonpost.com/opinions/2023/10/27/mike-johnson-great-replacement-theory-house-speaker/

Rep. Mike Johnson, the newly elected House speaker, has repeatedly flirted with what’s known as the “great replacement theory,” the idea that Democrats are scheming to supplant American voters with immigrants. The Louisiana Republican’s views show how fringe conspiracy theories have gone mainstream in the Republican Party at the highest levels of power.

“This is the plan of our friends on this side — to turn all the illegals into voters,” Johnson said at a congressional hearing in May 2022, gesturing at Democrats. “That’s why the border’s open.”

The “open borders” trope is a lie, and while a few municipalities allow voting for noncitizens in local elections, in no sense do national Democrats have any such “plan” for “all the illegals.” As far as I can determine, no House speaker in recent memory has been quite as reckless and incendiary with this kind of language.

Johnson employs it regularly. He reiterated the claim in an interview this year with the right-wing outlet Newsmax, accusing President Biden of “intentionally” encouraging undocumented migration to “turn all these illegals into voters for their side.” On numerous other occasions, he has made similar charges, even declaring that Democrats’ express goal is the “destruction of our country at the expense of our own people.”

On immigration, as well as on abortion and gay rights, Johnson’s elevation is a triumph for the far right. It has been widely noted that Johnson doesn’t come across as a MAGA bomb-thrower, despite his extreme views. That’s true on immigration, too: He voices high-minded platitudes about how providing asylum to the persecuted is a noble ideal, but he’s a big booster of the wildly radical House GOP border bill that would functionally gut asylum entirely.

The pro-immigrant group America’s Voice, which tracks lawmakers’ positions on the issue, has not documented any comparable rhetoric in Johnson’s predecessor, Rep. Kevin McCarthy. “Johnson has gone farther than most of his Republican colleagues in elevating alarmist and dangerous rhetoric,” says Vanessa Cardenas, the group’s executive director.

Other predecessors, such as John A. Boehner and Paul D. Ryan, were supporters — nominally, at least — of reforms that would legalize large numbers of undocumented immigrants, though they ultimately failed to deliver. Not even Newt Gingrich, the most extreme House speaker of the modern era, went as far as Johnson, says Nicole Hemmer, author of a history of conservatism in the 1990s.

“Even at his most anti-immigrant, he spoke largely in fiscal and law-and-order terms,” Hemmer told me, while eschewing the “eliminationist rhetoric” at the core of great replacement theory.

Yet little by little, those more extreme ideas have penetrated GOP leadership circles. In 2021, Rep. Elise Stefanik (N.Y.), a top House Republican, charged Democrats with scheming to replace conservative voters with Democratic-leaning immigrants.

. . . .

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

Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

Read Greg’s full column at the link.

Bigot, racist, theocrat, misogynist, liar, election denier, anti-democracy zealot — “MagaMike” is the disgraceful embodiment of today’s extremist GOP. Just when we think that the GOP can’t sink any lower, they surprise us!

🇺🇸 Due Process Forever!

PWS

10-28-23

👦🏽⚒️ 🤯 THE U.S. HAS A BIG CHILD LABOR PROBLEM: Stephanie Canizales & Jen Podkul Have Solutions! — Hint: Deportations, Detentions, Separtions, Weakening Child Labor Laws, Border Militarization AREN’T Helping! — “Children’s futures are under threat in the U.S., and stalled immigration policy is a culprit.”☠️

 

Stephanie L. CanizalesAssistant Professor of Sociology U of Cal. - Merced PHOTO: UCM
Stephanie L. Canizales
Assistant Professor of Sociology
U of Cal. – Merced
PHOTO: UCM

Stephanie writes in the LA Times:

https://www.latimes.com/opinion/story/2023-10-26/immigration-policy-child-migrants-labor

. . . .

The stories of child migrant laborers are harrowing. They take on late-night, early-morning or 12-hour shifts that keep them out of school. They work on farms, at garment and food manufacturing factories as well as meat and processing plants, in construction and sawmills — often dangerous jobs with few protections.

Despite media portrayals of this system as a new economy, historian Ivón Padilla-Rodríguez has documented that the success of industries such as agriculture, manufacturing and construction in the Southwest relied on child labor as far back as the early 20th century. My dad arrived in Los Angeles from El Salvador as a 17-year-old in the 1970s. He immediately became a garment worker in denim factories across downtown Los Angeles and later installed carpet for a man who refused to pay him.

Los Angeles remains a center for this problem. My research studies the lives of undocumented young adults who arrived in the U.S. as unaccompanied minors from 2003 through 2013 and now live in L.A. I’ve spoken to children who have worked in garment factories that sew clothes for companies including Forever 21, J. Crew and Old Navy. Others worked in hotels such as the Ritz Carlton downtown or cleaned the homes of the rich and famous as live-in domestic workers.

Given my research focus, I often get asked what the government is doing about this child labor epidemic and what regular people can do about it. My response: It depends how far you want to go.

Perhaps counterintuitively to many Americans, part of the equation is paying attention to these youth before they cross our border by granting them what anthropologist Lauren Heidbrink and other scholars identify as “el derecho a no migrar” — the right not to migrate. 

Young people need alternatives to migration to make a living. That shouldn’t mean aiding foreign governments in deporting migrants, as the Biden administration recently pledged to aid Panama’s government. It should mean investing in community-based programming to integrate children into their home society, such as Colectivo Vida Digna in Guatemala, which aims to reduce youth migration by supporting Indigenous teens and their families in reclaiming Indigenous cultural practices and strengthening communities so they can build futures without leaving their home country.

Even with those programs, some children will migrate to the U.S. and need shielding from exploitation. That may sound uncontroversial in theory, but the current policy landscape shows little willingness to widen the social safety net in practice, even for children and youth.

Take, for example, that last month a federal judge ruled illegal, but declined to end, Deferred Action for Childhood Arrivals, a program implemented by executive order in 2012 that offers work authorization and a stay on deportation for undocumented youth brought to the U.S. as children. Courts have debated the policy for more than a decade, and with the Supreme Court expected to review the policy a third time, even these longtime U.S. residents — once touted by President Obama as “talented, driven, patriotic young people” — are left in limbo.

Then there’s the immigration program meant to provide vulnerable immigrant children a path to lawful residence and citizenship: the Special Immigrant Juvenile Status designation created in 1990. A recent report found that it has produced “avoidable delays, inconsistent denial rates, and a growing backlog” of petitioners, putting unaccompanied youth’s lives “on hold” and leaving them vulnerable to exploitation and abuse.

All the while, states across the U.S. are actively moving to weaken child labor laws for all children, immigrants or not.

Children’s futures are under threat in the U.S., and stalled immigration policy is a culprit. Protecting children and child workers requires moving forward on immigration. Failing to do so may haunt us for generations to come.

Stephanie L. Canizales is an assistant professor of sociology at UC Merced.

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

Jennifer Podkul
Jennifer Podkul
Vice President of Policy & Advocacy
Kids In Need of Defense (“KIND”)
PHOTO: Momsrising.com

Jen writes in WashPost:

https://www.washingtonpost.com/opinions/2023/10/26/legal-protection-children-exploitation/

October 26, 2023 at 1:58 p.m. ET

The figures in the Oct. 20 news article “Child labor violations soar in FY 2023” were staggering and all too familiar in my work with unaccompanied children, who are particularly vulnerable to exploitative labor conditions. Overnight shifts operating heavy machinery at slaughterhouses are not jobs or roles for any child.

To prevent this exploitation of unaccompanied children, we need to ensure existing laws are enforced, including child labor standards put forth by the Labor Department. Additionally, the Department of Health and Human Services should work toward ensuring every unaccompanied child is provided legal counsel as set out in the Fair Day in Court for Kids Act, recently introduced by Sen. Mazie Hirono (D-Hawaii).

As we’ve seen from experience, a lawyer can be one of the few trusted adults in the life of a child who is experiencing exploitation. Attorneys help unaccompanied children understand their rights against abuse and access a fair chance to make their case for U.S. protection, which can lead to the ability to apply for legal and safe employment. Most unaccompanied children do not have this elemental protection.

Jennifer Podkul, Washington

The writer is vice president of policy and advocacy for Kids in Need of Defense.

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

Read Stephanie’s full op-ed at the above link. Many thanks to both of these experts for speaking out on this tragic, solvable, yet widely ignored by the pols and the media, issue!

For what it’s worth, one enforcement measure that Nolan Rappaport and I have agreed upon and pushed in our respective commentary has been better enforcement of labor laws. See, e.g.,  https://immigrationcourtside.com/2018/06/06/nolans-latest-in-the-hill-undocumented-immigrants-shouldnt-replace-legal-ones/. Seems like it should be a “no-brainer first step” that doesn’t require major legislative changes. 

Another outspoken supporter of the right of all children not to be exploited is my friend Rep.Hillary Scholten (D-MI)! See, e.g., https://immigrationcourtside.com/2023/02/28/⚖️-tackling-the-problem-in-fiery-🔥-floor-speech-rep-hillary-scholten-d-mi-demands-action-against-migrant-child-labor-these-are-my-kids-re/.

🇺🇸 Due Process Forever!

PWS

10-27-23

 

🗽😟 SOME OF THOSE FOLLOWING ADMINISTRATION’S CALL TO USE LEGAL PATHWAYS LEFT HANGING! — Julie Turkewitz Reports For NYT

Julie Turkewitz
Julie Turkewitz
Andes Bureau Chief
NY Times
PHOTO: Linkedin

 https://www.nytimes.com/2023/10/24/world/americas/venezuela-migrants-darien-gap-biden.html

They live in a rusty shack with no running water, hiding from the violence just outside their door, haunted by a question that won’t go away: Should they have listened to President Biden?

A year ago, Dayry Alexandra Cuauro and her 6-year-old daughter, Sarah, fled a crumbling Venezuela, setting off for the United States, carrying almost nothing. But they quickly lost each other, separated in a treacherous jungle known as the Darién Gap.

For three terrifying days, Ms. Cuauro heaved herself over muddy hills and plowed through rivers that rose to her chest, panicked that her child had drowned, been kidnapped or fallen to her death.

Many of the migrants traveling alongside the Cuauros — like hundreds of thousands of others — simply ignored the president’s warning, dismissing it as a ploy to keep them at bay. They kept marching, crossed the border and quickly started building new lives in the United States, with jobs that pay in dollars and children in American schools.

Ms. Cuauro listened and dropped off the migrant trail. But nearly a year later, all she has gotten is an auto-reply: Her applications to enter the United States legally have been submitted. She refreshes the website constantly, obsessively, and every day it says the same thing: “Case received.” Only the numbers shift: 57 days. 197 days. 341 days.

Online, she is bombarded by jubilant posts from Venezuelans who have made it to the United States — pictures of them in Times Square, wearing new clothes, eating big meals, going to school. Even the friend who guided her daughter safely through the jungle kept going and made it to Pennsylvania, where he now makes $140 a day as a mechanic.

. . . .

Sarah had become a literal poster child for the Darién. She and her mother had done what Mr. Biden had asked of them. They had a first-class support team of eager American sponsors. Yet no one could figure out how to get their cases through the U.S. immigration system.

. . . .

Recently, a member of the Cuauro committee, the woman in North Carolina, reached out with an urgent request. A Venezuelan man who had contacted her asking for help was about to take the Darién route. The woman asked Ms. Cuauro to talk to him — to try to convince him to apply for the legal route instead.

“I did it,” Ms. Cuauro said, “but he didn’t want to listen, and he left.”

The man got to the American border and, within days, crossed into the United States.

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

Read Julie’s article at the link.

As Courtside readers know, I love writing headlines. So, here’s one for the story that Julie might have written had the Administration been quicker on the uptake:

🇺🇸🗽⚖️😊 VENEZUELAN MOM, DAUGHTER FIND SPONSOR, SAFETY IN U.S. UNDER BIDEN PROGRAM AFTER HARROWING DARIEN ORDEAL — “The Legal Path Was Quick, Safe, &  Saved Our Lives,” Says Ms. Cuauro, “Others Should Use It!”

Despite often using language peppered with terms that might once have appeared in business textbooks, the USG does not follow a “business model.” Nowhere is that more true than in the largely dysfunctional immigration bureaucracy. Businesses that ran like ICE, USCIS, and EOIR would have gone bankrupt long ago.

Nevertheless, it would be prudent for the Administration to employ some “better business practices” on immigration, which does have a dynamic, potentially even more positive, effect on the U.S. economy. 

In the case of the Southern Border, the USG is “competing” with professional smugglers and human traffickers who DO view it in business terms. The “smugglers’ heyday” of a bias-driven Trump Administration that operated in direct contravention of common sense, the rule of law, the laws of supply and demand, and the realities of worldwide forced migration is gone, for now — although, undoubtedly to the delight of criminals and cartels, GOP politicos would dearly love to re-establish it and thereby enhance profits for the “bad guys.” 

But, there are plenty of glitches in the Biden Administration’s approach. As this article illustrates, they are unable and unwilling to do what’s necessary to “out-compete” smugglers by making the legal channels they tout robust, timely, generous, and user friendly!

In the meantime, the GOP is marshaling its White Nationalist forces to make the system for legal entry even more restrictive, irrational, and less usable. That will make smugglers essentially “the only game in town” and cede much more of immigration control to self-interested criminals. 

🇺🇸Due Process Forever!

PWS

10-26-23