"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.
Linekin Bay Sunset 1 Photographer: Susanna Schmidt Green Bay, WI 08-01-23Linekin Bay Sunset 2 Photographer: Susanna Schmidt Green Bay, WI 08-01-23
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Susanna is our 16-year-old granddaughter who lives in Green Bay, Wisconsin, with her family. She is currently “on loan” to us in Maine, pending the arrival of the rest of her family in a few days!
If these kids survive, what will they think about a rich nation that turned its back on the world’s most vulnerable in their hour of need? Creative Commons License
Originally published by LexisNexis Immigration Community on Oct. 18, 2016:
SAVING CHILD MIGRANTS WHILE SAVING OURSELVES
By Paul Wickham Schmidt
They cross deserts, rivers, and territories controlled by corrupt governments, violent gangs, and drug cartels. They pass through borders, foreign countries, different languages and dialects, and changing cultures.
I meet them on the final leg of their trip where we ride the elevator together. Wide-eyed toddlers in their best clothes, elementary school students with backpacks and shy smiles, worried parents or sponsors trying to look brave and confident. Sometimes I find them wandering the parking garage or looking confused in the sterile concourse. I tell them to follow me to the second floor, the home of the United States Immigration Court at Arlington, Virginia. “Don’t worry,” I say, “our court clerks and judges love children.”
Many will find justice in Arlington, particularly if they have a lawyer. Notwithstanding the expedited scheduling ordered by the Department of Justice, which controls the Immigration Courts, in Arlington the judges and staff reset cases as many times as necessary until lawyers are obtained. In my experience, retaining a pro bono lawyer in Immigration Court can be a lengthy process, taking at least six months under the best of circumstances. With legal aid organizations now overwhelmed, merely setting up intake screening interviews with needy individuals can take many months. Under such conditions, forcing already overworked court staff to drop everything to schedule initial court hearings for women and children within 90 days from the receipt of charging papers makes little, if any, sense.
Instead of scheduling the cases at a realistic rate that would promote representation at the initial hearing, the expedited scheduling forces otherwise avoidable resetting of cases until lawyers can be located, meet with their clients (often having to work through language and cultural barriers), and prepare their cases. While the judges in Arlington value representation over “haste makes waste” attempts to force unrepresented individuals through the system, not all Immigration Courts are like Arlington.
For example, according to the Transactional Records Clearinghouse at Syracuse University (“TRAC”), only 1% of represented juveniles and 11% of all juveniles in Arlington whose cases began in 2014, the height of the so-called “Southern Border Surge,” have received final orders of removal. By contrast, for the same group of juveniles in the Georgia Immigration Courts, 43% were ordered removed, and 52% of those were unrepresented.
Having a lawyer isn’t just important – it’s everything in Immigration Court. Generally, individuals who are represented by lawyers in their asylum cases succeed in remaining in the United States at an astounding rate of five times more than those who are unrepresented. For recently arrived women with children, the representation differential is simply off the charts: at least fourteen times higher for those who are represented, according to TRAC. Contrary to the well-publicized recent opinion of a supervisory Immigration Judge who does not preside over an active docket, most Immigration Judges who deal face-to-face with minor children agree that such children categorically are incompetent to represent themselves. Yet, indigent individuals, even children of tender years, have no right to an appointed lawyer in Immigration Court.
To date, most removal orders on the expedited docket are “in absentia,” meaning that the women and children were not actually present in court. In Immigration Court, hearing notices usually are served by regular U.S. Mail, rather than by certified mail or personal delivery. Given heavily overcrowded dockets and chronic understaffing, errors by the Department of Homeland Security (“DHS”) in providing addresses and mistakes by the Immigration Court in mailing these notices are common.
Consequently, claims by the Department of Justice and the DHS that women and children with removal orders being rounded up for deportation have received full due process ring hollow. Indeed a recent analysis by the American Immigration Council using the Immigration Court’s own data shows that children who are represented appear in court more than 95% of the time while those who are not represented appear approximately 33% of the time. Thus, concentrating on insuring representation for vulnerable individuals, instead of expediting their cases, would largely eliminate in absentia orders while promoting real, as opposed to cosmetic, due process. Moreover, as recently pointed out by an article in the New York Times, neither the DHS nor the Department of Justice can provide a rational explanation of why otherwise identically situated individuals have their cases “prioritized” or “deprioritized.”
Rather than working with overloaded charitable organizations and exhausted pro bono attorneys to schedule initial hearings at a reasonable pace, the Department of Justice orders that initial hearings in these cases be expedited. Then it spends countless hours and squanders taxpayer dollars in Federal Court defending its “right” to aggressively pursue removal of vulnerable unrepresented children to perhaps the most dangerous, corrupt, and lawless countries outside the Middle East: El Salvador, Guatemala, and Honduras. The Board of Immigration Appeals (“BIA”), the institution responsible for enforcing fairness and due process for all who come before our Immigration Courts, could issue precedent decisions to stop this legal travesty of accelerated priority scheduling for unrepresented children who need pro bono lawyers to proceed and succeed. But, it has failed to act.
The misguided prioritization of cases of recently arrived women, children, and families further compromises due process for others seeking justice in our Immigration Courts. Cases that have been awaiting final hearings for years are “orbited” to slots in the next decade. Families often are spread over several dockets, causing confusion and generating unnecessary paperwork. Unaccompanied
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children whose cases should initially be processed in a non-adversarial system are instead immediately thrust into court.
Euphemistically named “residential centers” — actually jails — wear down and discourage those, particularly women and children, seeking to exercise their rights under U.S. and international law to seek refuge from death and torture. Regardless of the arcane nuances of our asylum laws, most of the recent arrivals need and deserve protection from potential death, torture, rape, or other abuse at the hands of gangs, drug cartels, and corrupt government officials resulting from the breakdown of civil society in their home countries.
Not surprisingly, these “deterrent policies” have failed. Individuals fleeing so-called “Northern Triangle” countries of El Salvador, Guatemala, and Honduras have continued to arrive at a steady pace, while dockets in Immigration Court, including “priority cases,” have mushroomed, reaching an astonishing 500,000 plus according to recent TRAC reports (notwithstanding efforts to hire additional Immigration Judges). As reported recently by the Washington Post, private detention companies, operating under highly questionable government contracts, appear to be the only real beneficiaries of the current policies.
It doesn’t have to be this way. We could save lives and short-circuit both the inconsistencies and expenses of the current case-by-case protection system, while allowing a “return to normalcy” for most already overcrowded Immigration Court dockets by using statutory Temporary Protected Status (known as “TPS”) for natives of the Northern Triangle countries. Indeed, more than 270 organizations with broad based expertise in immigration matters, as well as many members of Congress, have requested that the Administration institute such a program.
The casualty toll from the uncontrolled armed violence plaguing the Northern Triangle trails only those from Syria, Afghanistan, and Iraq. TPS is a well- established humanitarian response to a country in crisis. Its recipients, after registration, are permitted to live and work here, but without any specific avenue for obtaining permanent residency or achieving citizenship. TPS has been extended among others to citizens of Syria and remains in effect for citizens of both Honduras who needed refuge from Hurricane Mitch in 1998 and El Salvador who needed refuge following earthquakes in 2001. Certainly, the disruption caused by a hurricane and earthquakes more than a decade ago pales in comparison with the very real and gruesome reality of rampant violence today in the Northern Triangle.
Regardless, we desperately need due-process reforms to allow the Immigration Court system to operate more fairly, efficiently, and effectively. Here are a few suggestions: place control of dockets in the local Immigration Judges, rather than bureaucrats in Washington, as is the case with most other court systems; work cooperatively with the private sector and the Government counsel to docket cases at a rate designed to maximize representation at the initial hearings; process unaccompanied children through the non-adversarial system before rather
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than after the institution of Immigration Court proceedings; end harmful and unnecessary detention of vulnerable families; settle ongoing litigation and redirect the talent and resources to developing an effective representation program for all vulnerable individuals; and make the BIA an effective appellate court that insures due process, fairness, uniformity and protection for all who come before our Immigration Courts.
Children are the future of our world. History deals harshly with societies that mistreat and fail to protect children and other vulnerable individuals. Sadly, our great country is betraying its values in its rush to “stem the tide.” It is time to demand an immigrant justice system that lives up to its vision of “guaranteeing due process and fairness for all.” Anything less is a continuing disgrace that will haunt us forever.
The children and families riding the elevator with me are willing to put their hopes and trust in the belief that they will be treated with justice, fairness, and decency by our country. The sole mission and promise of our Immigration Courts is due process for these vulnerable individuals. We are not delivering on that promise.
The author is a recently retired U.S. Immigration Judge who served at the U.S. Immigration Court in Arlington Virginia, and previously was Chairman and Member of the Board of Immigration Appeals. He also has served as Deputy General Counsel and Acting General Counsel of the former Immigration and Naturalization Service, a partner at two major law firms, and an adjunct professor at two law schools. His career in the field of immigration and refugee law spans 43 years. He has been a member of the Senior Executive Service in Administrations of both parties.
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Recently, NDPA stars have achieved important senior positions in the Congress, the judiciary, and the immigration bureaucracy. We will need many, many more in such positions to finally turn around the limping ship of state on human rights, immigration, racial justice, smart economics, and values-based practical leadership! In the end, it’s going to be up to the “newer generations” to overcome the mistakes of my generation and create a better America and a better world — one in which individual rights and human dignity are respected and everyone can achieve their fullest potential.
Here’s a New Year’s greeting from New York courtesy of Round Table leader, talented photographer, and proud new granddad, Hon. “Sir Jeffrey” Chase:
Where else on the peninsula would you see in a church five young foreigners laughing and speaking in Turkish with a 96-year-old parishioner, exchanging contacts and making plans to visit again?
With love, the Congregational Church of Boothbay Harbor welcomed over 186 workers from away who traveled from other countries and around the USA to work in our community on June 27. This long tradition continues to “welcome strangers” and give them community support information to make their stay safer and more enjoyable.
Thirty-seven (37) of those 186 were able to get to the church to enjoy a “lunch and learn.” The remaining received gift bags from the church which were hand delivered to 149 workers by the Mission Committee.
At the “lunch meet” this shy and reticent group of 37 soon turned into an upbeat and hopeful number of workers who got to know each other and make plans to socialize together. We, the Mission Committee, learned a lot, too, about each of their homes of origin, their aspirations and fears.
There were workers from Russia, Serbia, Romania, India, Moldova, Albania, Croatia, Turkey and Montenegro as well as Texas, Maine, Washington, D.C., Silver Spring, Maryland and Kansas.
With a delicious takeaway lunch on site, they heard from our pastor, police department; Rotary and our town’s resources. They appreciated learning how to feel safe here and how to utilize our local services. Included in this event were Rotary bikes for loan with a $100 deposit.
For those who could not attend, we distributed gifts to the participating businesses’ 145 workers with gifts of information and fun food. Nearly every business that hires these folks participated and voiced their appreciation of the event.
The workers were interested in fun together in their free time and agreed to share their contact information with each other. They asked for us to arrange for a second event in September so that they might learn from each others’ experiences. One medical student asked to participate in a local community project and will be a guest at our upcoming Mission Committee meeting.
We offer a special thanks to all of the businesses which chose to participate and especially to Hannaford which donated a great deal of food.
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Workers from abroad have been an essential part of the summer economy here in Boothbay Harbor for the decades we have been coming here. They enrich everyone’s experience while learning and experiencing some “real Americana!”
And, there can be little doubt why the Boothbay Region is an international,drawing card!
S/V Believe Home Port, Bradenton FL Anchored in Linekin Bay Captains Rick & Julie PetersonLewis CoveGo Pack! — Go Badgers!The Isaac H. EvansLinekin BayBoothbay Harbor from East Side — Whales Tale Pub“Dunky Dog”
As we all cope with the COVID crisis, we can learn a lesson in resiliency.
BY EKHLAS AHMED SPECIAL TO THE PRESS HERALD
In 2005, on my first day of school in America, I got off at the wrong bus stop. Days before, my family and I moved to Portland, having fled genocide in our native Darfur, Sudan. I was 11 years old, had never ridden a public bus before and couldn’t speak English. I walked around lost for eight hours until the Portland police finally found me. I’m now 26, and I think the most courageous thing I’ve ever done is to get back on that bus the next day.
I’ve thought about this story a lot during the pandemic. Like everyone, I feel the uncertainty and pain of this moment. But when I remember the struggles I’ve overcome as a refugee and newcomer to America, I am reminded of how resilient human beings are. You certainly don’t have to be a refugee in order to know perseverance, but take it from someone who has been displaced, lost and in fear of her life: we can get through this. Here’s how.
First, find your purpose by serving others. Given the trauma that refugees have experienced, you wouldn’t expect us to be so resilient. But we forge ahead by reaching out. It’s no surprise that healthcare is the second most common field for refugees in the U.S., according to New American Economy. A fifth of refugee healthcare workers are personal care aides, 14 percent are registered nurses and 8 percent are doctors. Refugees fill these rolls, because we want to give back to the country that welcomed us. But we also do it because selflessness eases our suffering. I became an ESOL teacher five years ago because I knew I would be in a unique position to help young newcomers. I’ve walked in their shoes and understand how to build a safe learning environment for them to thrive.
Second, find hope in community. In refugee circles, even those of us who aren’t strictly “essential” are lifting our neighbors up through mutual-aid organizing. This is a type of local support that refugee communities use to fill in the gaps after our resettlement assistance ends. In normal times, networks of neighbors might organize ride shares and translation assistance for newcomers. Now we’ve added services to meet changing demands. Before coronavirus hit Portland, there was no existing infrastructure to get groceries to the elderly and people with pre-existing conditions. To meet that need, myself and other volunteers are doing the shopping for them. I’m also hosting virtual information meetings to keep the refugee community up-to-date on the latest coronavirus guidelines and teaching people how to use services like Zoom so they can participate and keep up with friends and family.
Lastly, don’t keep your fear bottled up. Refugees know how important it is to have an outlet to express our feelings. This is true for so many of us who have experienced trauma, but especially the women who suffered sexual violence during war. That’s why my mom is a care provider at Spurwink, a Portland organization that helps individuals affected by mental health challenges and developmental disabilities. And it’s why I started hosting bi-monthly conference calls for anyone who wants to share their pandemic experiences. Given widespread job loss, food insecurity and the inability to pay the rent, it’s no wonder that experts are warning about the profound impact coronavirus will also have on our mental health. Talking to your friends and neighbors or simply lending an ear is crucial to breaking through the isolation. It reminds us that we are not alone.
If coronavirus has taught me anything, it’s that we all have far more in common than we think. As states begin to slowly reopen in the coming weeks and months, we will need each other more than ever. Refugees are used to approaching challenges day by day, because tomorrow has never been promised to us. We are proof that all Mainers—and all Americans—can persist through this crisis and adapt to our new normal. We may feel lost, but tomorrow is another day. Have courage.
Ekhlas Ahmed is a refugee, activist and educator from Darfur, Sudan.
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A message from the real America, and those who actually make it great!
The current regime has basically (without legislation) ended our compliance with domestic laws and international treaties that save refugee lives while humanizing and enriching our nation. It’s a national disgrace! Vote ‘em out, vote ‘em out!
This November, vote like your life and your humanity depend on it! Because they do!
Hon. Jeffrey S. Chase Jeffrey S. Chase BlogItaly by Hon. Jeffrey ChaseItaly by Hon. Jeffrey ChaseItaly by Hon. Jeffrey ChaseItaly by Hon. Jeffrey ChaseItaly by Hon. Jeffrey ChaseItaly by Hon. Jeffrey Chase
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Always nice to have some beauty injected into the unrelenting ugliness of America under the Trump regime.
In a truly Hitlerian move, the “Supreme Leader” now wants to dictate that only so-called “classical” architecture can be used for future government buildings.
