⚖️(IN)JUSTICE IN AMERICA 🇺🇸— Why Justice Amy Coney Barrett & A Whole Bunch Of Other Federal Judges 👨🏻‍⚖️👩‍⚖️Who Have “Tuned Out” Humanity Don’t Belong On The Bench!

https://medium.com/i-taught-the-law/i-argued-a-shooting-death-case-in-front-of-amy-coney-barrett-89b4165f7df2

Dan Canon writes on medium.com:

. . . .

Perhaps you’ve reserved some optimism for the whole “Barrett’s a mom and a Catholic so there must be some compassion there” thing. Sorry, but no. In her confirmation hearings, she spoke about how the George Floyd video was “very, very personal” for her family, and that she and her children “wept together” over what must have been the zillionth police murder in her history as a lawyer and mother. But her mentor, the late Antonin Scalia, seemed to think it was constitutional to put innocent people to death, despite his ultra-Catholicism. There’s no reason to believe that any sort of ideological consistency will prevail simply because of a judge’s familial status or bizarre metaphysical beliefs, and those factors made no apparent difference in Brad’s case.

Here’s where this gets complicated: In saying that being part of this horrendous decision should disqualify a judge from serving on the Supreme Court, by extension, I’m saying that damn near every federal judge is similarly unqualified. Almost none of them believe that cops should be held accountable for killing mentally ill people who call for help. This sort of thinking, in which cops are extended every benefit of every doubt, feasible or unfeasible, is the norm. Barrett didn’t even write the opinion in Brad’s case. It was written by a liberal judge who, like all her colleagues (of whatever political persuasion), was willing to write the police a blank check. That’s how our courts have operated for decades, and even in a post-BLM society, few of those in robes have the intestinal fortitude to do anything different.

So I am unmoved by Justice Barrett’s faith. I am unmoved by her status as a working mother of seven. I am particularly unmoved by her fake expression of sympathy for George Floyd, whose case she had nothing to do with, when she couldn’t spare any for the people who actually appear before her. I’m unmoved because I’ve seen so little compassion for grieving parents like Matt and Gina throughout my career, from any federal judge, let alone the Federalist Society drones who have lately taken over the judiciary. The basic inability to do what’s right for families like the Kings should be disqualifying. Not just for Amy Coney Barrett, but for the whole lot of ‘em.

A version of this originally appeared in LEO Weekly.

WRITTEN BY

Dan Canon

Civil rights lawyer and law prof, writing about the Midwest, the untold horrors of the justice system, and the ongoing battle between the law and humanity.

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Read Dan’s complete article chronicling the tone-deaf mishandling of the police shooting death of a young man (his clients’ son) suffering from mental health issues.

This echoes what I’ve been saying on Courtside about the need for a “new breed of better, more progressive Federal Judges” who recognize the compelling human side of the law and why the Constitutional requirements of due process, equal protection, and fundamental fairness are there in the first place. They exist to protect individuals from tyranny and government overreach, not to be ignored, watered down, or woodenly distinguished away to protect government abusers from accountability or to further ideological agendas (primarily, but not exclusively those developed by right wingers) out of touch with the most vulnerable levels of humanity they are supposed to be serving.

Life tenure means that Coney Barrett and the rest of her unqualified colleagues will be around for a long time. But, change needs to start somewhere, now!

In my experience, internal pushback, dissent, and constant confrontation of the complicit, complacent, judicial status quo with an aggressive implementation of due process, fundamental fairness, and a commitment to human rights and the best interpretations of the law can over time play a critical role in improving the law, changing results, and perhaps most important, saving lives!⚖️🗽👩‍⚖️🧑🏽‍⚖️👨🏻‍⚖️🇺🇸 That, not the hollow ideological agendas of Coney Barrett and others like her, is what “good judging” is really all about!

Intentional lack of compassion, empathy, and humanity (“Dred Scottification” of the “other”) have been themes of Trump, Miller, Wolf, Sessions, Barr, Rosenstein, Nielsen, Pompeo and the other neo-fascist toadies and moral misfits who have gleefully served the regime over the past four years. But, lack of overall resolve and courage to stand up and uniformly and authoritatively “just say no” to these toxic, anti-American, anti-humanity policies and to hold the “perps” accountable for their systemic lawlessness has plagued the Federal Judiciary, with a feckless and often downright complicit Supremes’ majority “leading” the way.

The current sorry state of our democracy, where GOP demagogues, who falsely swore to uphold our Constitution, openly spread lies, knowingly false narratives, and total BS in an attempt to incite violence, undermine our duly elected incoming President, and destroy democratic institutions, including the courts, is in part a reflection of the sad failure of our life-tenured Federal Judiciary to perform its core Constitutional function. That is, to stand up for the Constitution, the rule of law, and individual law human rights in the face failures by the other two branches of Government to uphold their Constitutional responsibilities.

Compare the (finally) unified position of the judiciary on the frivolous election challenges by Trump and his cronies with the failure to stand up for the legal and human rights of asylum seekers, refugees, immigrants, and migrants from the “git go.” Even now, the Courts have failed to sanction Trump and his lawyers for their unethical behavior in bringing frivolous civil suits, with no supporting evidence, for the specific purpose of undermining a free and fair election and using the legal system to attack the legitimacy of the duly elected President-elect and his incoming Administration. “Corruptly weaponizing the law for improper purposes” is clearly inappropriate and unethical. Yet, folks like Rudy and Sydney Powell retain their law licenses and are free to continue to abuse and undermine the system with frivolous litigation.

Dan points to the “ongoing battle between the law and humanity.” That’s the problem! The law should and must be about defending and advancing humanity in the face of tyranny and injustice. We need judges who stand for human justice. For, as MLK, Jr., said “Injustice anywhere is a threat to justice everywhere!”

Better judges for a better America! 🇺🇸Not just a slogan; a requirement for our democracy to survive!

⚖️🗽🇺🇸Due Process Forever!

PWS

01-03-21

REALISTIC POSSIBILITY OR JUST MORE “WISHFUL THINKING” FROM LIBERALS? — Could Romney, Sasse, Collins, Murkowski, The Lincoln Project, & A Few Others Start A New Conservative Opposition Party, Leaving The GOP’s Racist Nonsense, Religious Bigotry, Anti-Science, & Anti-American Sedition 🏴‍☠️ Behind? — “Adults don’t point a loaded gun at the heart of legitimate self-government.” But, 11 GOP “So-Called Senators” & Dozens Of GOP “So-Called Representatives” Do!

Professor Heather Cox Richardson writes in “Letters From An American” (01-02-20):

. . . .

It seems clear that, with no chance of proving this election fraudulent, Trump is now trying to incite violence. Nonetheless, Republicans who are jockeying for the 2024 presidential nomination want to make sure they can pick up Trump’s voters. While McConnell doesn’t want Senators to have to declare their support either way, those vying to lead the party want to differentiate themselves from the pack.

On Wednesday, Senator Josh Hawley (R-MO) announced he would join the efforts of his House colleagues to challenge Biden electors from Pennsylvania and perhaps other states. This will not affect the outcome of the election, but it will force senators to go on record for or against Trump. In a statement, Hawley listed Trump talking points: the influence of “mega corporations” on behalf of Biden and “voter fraud.” Hawley seems pretty clearly to be angling for a leg up in 2024.

On Wednesday night, Senator Ben Sasse (R-NE) made his own play for the future of the Republican Party. He refuted point by point the idea that Trump won. He scolded his colleagues who are signing on to Trump’s attempt to steal the election, calling them “institutional arsonists.”

“When we talk in private, I haven’t heard a single Congressional Republican allege that the election results were fraudulent – not one,” he wrote on Facebook. “Instead, I hear them talk about their worries about how they will “look” to President Trump’s most ardent supporters.” They think they can “tap into the president’s populist base without doing any real, long-term damage,” he wrote, but they’re wrong. “Adults don’t point a loaded gun at the heart of legitimate self-government.”

Today, Senator Mitt Romney (R-UT), the 2012 Republican presidential nominee, launched his own bid to redefine the Republican Party with an attack on Trump’s apparent botching of the coronavirus vaccine rollout. In a press release, Romney noted “[t]hat comprehensive vaccination plans have not been developed at the federal level and sent to the states as models is as incomprehensible as it is inexcusable.”

But he didn’t stop there. Romney went on to say that he was no expert on vaccine distribution, “[b]ut I know that when something isn’t working, you need to acknowledge reality and develop a plan—particularly when hundreds of thousands of lives are at stake.” He offered ideas of his own, offering them “not as the answer but as an example of the kind of options that ought to be brainstormed in Washington and in every state.” After listing his ideas, he concluded: “Public health professionals will easily point out the errors in this plan—so they should develop better alternatives based on experience, modeling and trial.”

Romney’s statement was about more than vaccine distribution. With its emphasis on listening to experts and experimenting, it was an attack on the rigid ideology that has taken over the Republican Party. Romney has said he comes to his position from his own experience, not his reading, but he is reaching back to the origins of conservative thought, when Irish statesman Edmund Burke critiqued the French Revolution as a dangerous attempt to build a government according to an ideology, rather than reality. Burke predicted that such an attempt would inevitably result in politicians trying to force society to conform to their ideology. When it did not, they would turn to tyranny and violence.

Sasse’s point-by-point refutation of Trump’s arguments– complete with citations—and Romney’s call to govern according to reality rather than ideology are suggestive. They seem to show an attempt to recall the Republican Party to the true conservatism it abandoned a generation ago.

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Get today’s “full Letter” and all th others here: https://email.mg2.substack.com/c/eJxtkE1uhDAMhU8zWSLnB8gssuhmFr0ECokHokJCE9MpPX0zw6pSJcuWbD89fc9Zwinlw2ypEHu2gY4NTcRHWZAIM9sL5iF403INoCXzRnmuW81CGe4ZcbVhMZR3ZNs-LsFZCik-BQJaKdls9KgtR9dKjnDXnVMd3r0CUFLzdhz709buPmB0aPAL85EissXMRFu5yLeLuNWa0dKM2aXvHNxssy8pNmUfC1n30bi01h8Wqq3gwEFAL5SEhjcPyQ-e1efPelGwTuKPhmXzjjGGOBUu6t2m5bWuLEOd6x4DHQNGOy7oT0w6w3qBDxNGzDVEP1gyvINr2wvRg9L8xKo5SOiE6K6SVV-fqiqa_1B-AX8mhyo

Much as the idea appeals to me, and much as I admire Professor Richardson, it seems like an noble, yet unrealistic, hope rather than a slice of reality. As noted by Professor Richardson, the current GOP abandoned any real values at least a decade ago. They now rely on the “anti-democracy right” to keep them in business as a party that wields political strength out of proportion to the minority of voters it represents.

I find it perversely amusing, yet fundamentally disturbing, to have heard a Trump voter on TV recently claim to have “voted for the GOP platform” not the man in the last election. She was woefully ignorant of the fact that the GOP had no platform in 2020 other than “whatever Trump says.”

The history of those in the GOP who have been openly critical of Trump and his cult supporters is that they generally either 1) fall into line behind Moscow Mitch and Trump on most issues (e.g., Romney, Collins, et al.) or 2) head for the hills (e.g., Flake, Corker). Unlike the Dems, where spirited opposition is always threatening to rock the boat, true opposition and public dialogue are nearly non-existent in today’s GOP.

Nor does the lack of GOP soul searching and public recognition of Trump’s toxic, highly dishonest, and fundamentally anti-American “non-leadership” and responsibility for his own defeat, as well as the disastrous course his “maliciously incompetent non-leadership” has set for America, lead me to believe that the GOP will head in a “new direction” any time in the foreseeable future.

For example, as I’m writing this Cruz and ten other corrupt GOP “Senators” (or “Senators-elect”) are openly spreading lies and preaching sedition 🏴‍☠️ in the U.S. Senate.

https://www.washingtonpost.com/politics/2021/01/02/cruz-johnson-9-other-gop-senators-say-they-will-not-vote-certify-electors-unless-audit-is-conducted/

That shows where the anti-American “Party of Putin and White Nationalist Extremists” ☠️🤮🤥 is headed these days. They might be the minority in their party, but you can bet that they won’t suffer any censure, much criticism, or real consequences from the rest of the GOP for essentially fomenting treason and seeking to undermine the credibility of an election fairly and overwhelmingly won by Biden and Harris.

The real hope for America’s survival is that under Biden and Harris, the Dems can finally figure our how to turn their numerical advantage in the general elections into actual political power to govern. Remains to be seen. Certainly hasn’t happened to date! That’s why we’re in this position, with Dems having won the popular vote in seven of the last eight elections, but held the Presidency after only five of those seven elections.

While I agree with some of what Romney says these days, he is somewhat unique in the GOP. He is one of the few GOP Senators with sufficient independent standing in his home state to be largely immune to criticism and attacks by Trump and his cronies.

Based on their overwhelming refusal over the past four years to put our national interests above Trump’s personal agenda, I (unfortunately) think that a “loyal opposition” springing from today’s GOP is more of a “Dem pipe dream” than a realistic possibility.

PWS

01-02-20

😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

Trump Dumping Asylum Seekers in Hondiras — Dumping Asylum Seekers in Honduras
Artist: Monte Wolverton
Reproduced under license

Erika Pinheiro, Litigation & Policy Director, Al Otro Lado, speaks at TEDSalon: Border Stories, September 10, 2019 at the TED World Theater, New York, NY Photo: Ryan Lash / TED, Creative Commons License

https://www.theguardian.com/us-news/2021/jan/01/family-detention-still-exists-immigration-groups-warn-the-fight-is-far-from-over?CMP=Share_iOSApp_Other

Amanda Holpuch reports from the Gulag for HuffPost:

. . . .

The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.

The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.

Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.

Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.

A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.

While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.

Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.

“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.”

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Read the complete article at the link.

I totally agree with Erika Pinheiro that there is no excuse for the continuing violations of our Constitution, statutes, international obligations, and simple human decency. The regime’s policies are nothing more than “crimes against humanity” thinly disguised as “law enforcement,” “national security,” and “public health” (from a regime whose “malicious incompetence,” cruelty, and callous intentional undermining of medical advice during the pandemic have contributed to the unnecessary deaths of tens of thousands of Americans).

Even more disgracefully, the Supremes and other Federal Courts have failed in their Constitutional duty to stand up to the abusers and hold the regime’s scofflaw “leaders” (to where, one might ask?) accountable. What’s the purpose of life-tenured judges who lack the training, wisdom, ethics, and most of all courage to enforce the legal and human rights of the most vulnerable against lawless, dishonest, and fundamentally cowardly “Executive bullies” hiding behind their official positions? Not much, in my view! There are deep problems in all three branches of our badly compromised and ailing Government!

I have also spoken out on Courtside against the dangers of putting the same failed Dem politicos who thoroughly screwed up immigration policy, and particularly the Immigration Courts, back in charge again. I agree with Erika’s hope that some of them have gained wisdom and perspective in the last four years. But, why rely on the hope that those who failed in the past have suddenly gotten smarter, when there are “better alternatives” out there ready to step in and solve the problems?

Why not put in place some talented new faces from the NDPA with better, more progressive ideas, tons of dynamic energy, and the demonstrated willingness and courage to stand tall against bureaucratic tyranny? Give them a chance to solve the problems! Erika looks like one of those who should be solving problems and implementing better immigration policies “from the inside” in the Biden-Harris Administration!

The “deterrence only paradigm” that has driven our border enforcement policies over the past half century has been a demonstrable failure, both in terms of law enforcement and the unnecessary and unjustifiable human carnage that it has caused. Why keep doing variations on discredited policies and expecting better results?

We know that ugly, racist rhetoric, jailing families and kids in punitive conditions, weaponizing courts as enforcement tools, suspending the rule of law, denying hearings, and even summarily, illegally, and immorally returning asylum seekers to death won’t stop folks from fleeing unbearable conditions in their native countries! They will continue to seek protection in America, even in the face of predictable abuses, life-threatening dangers, and little chance of success in a system intentionally “gamed” to mistreat and reject them while denying their humanity.

Desperate people do desperate things. They will continue to do them even in the face of inhuman abuses inflicted by those whose better fortunes in life have not been accompanied by any particular compassion, understanding of the predicament of others, or recognition of an obligation to abjure the power to bully and torment those less fortunate in favor of addressing their situations in a fair, reasonable, and humane manner.

Human migration is far older than nation states, zero tolerance, baby jails, family incarceration, biased judging, national selfishness disguised as “patriotism,” and border walls. It has outlasted and outflanked all of the vain attempts to artificially suppress it by force and gimmicks. It’s time for some policies that recognize reality, see its benefits, and work with the flow rather than futilely in opposition to it.

It’s past time to look beyond the failures of yesterday to progressive solutions and new leadership committed to solving problems while enhancing justice, respecting human dignity, and enhancing human rights (which, in the end, are all of our rights)!

Due Process Forever!⚖️🗽🇺🇸 Same old, same old never!

Happy New Year!😎👍🏼

PWS

O1-01-21

THE GIBSON REPORT — 12-28-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 22, 2021. NYC non-detained remains closed for hearings.

TOP NEWS

US citizen spouses and children of undocumented immigrants will finally get stimulus checks

Vox: Excluded from stimulus relief up until now, US citizens and permanent residents who filed a joint tax return with an undocumented spouse will receive a check for $600, as well as $600 per dependent child. The benefits phase out for individuals making more than $75,000 and couples making more than $150,000.

Biden: Reversing Trump border policies will take months

AP: Susan Rice, Biden’s incoming domestic policy adviser, and Jake Sullivan, his pick for national security adviser, as well as Biden himself, warned that moving too quickly could create a new crisis at the border.

Major Swings in Immigration Criminal Prosecutions during Trump Administration

TRAC: Detailed case-by-case government records obtained by TRAC after successful litigation show that in early 2018, the number of federal prosecutions for all immigration-related charges climbed sharply and crested 12,000 for the first time in May after the Department of Justice’s “zero-tolerance” policy went into effect.

Immigration Court Case Completion Times Jump as Delays Lengthen

TRAC: Not surprisingly, Immigration Court closures and delays in hearings for courts that are conducting hearings have drastically reduced the number of completed cases for the first two months of this fiscal year as compared with prior years at the same time.

Anticipated “Chilling Effects” of the Public-Charge Rule Are Real: Census Data Reflect Steep Decline in Benefits Use by Immigrant Families

MPI: Based on their analysis of data from the Census Bureau’s American Community Survey (ACS), Migration Policy Institute (MPI) researchers find that during the first three years of the Trump administration, participation in TANF, SNAP, and Medicaid declined twice as fast among noncitizens as citizens.

Covid: France rewards frontline immigrant workers with citizenship

BBC: The interior ministry invited residents helping with efforts against Covid-19 to apply for accelerated naturalisation.

Breaking with some Mideast neighbors, Iran now lets mothers give their citizenship to their children

WaPo: A new policy allowing Iranian women to pass down their citizenship to their children marks a long-sought victory for activists and is raising hopes for an estimated 1 million undocumented children born to foreign fathers in the country.

LITIGATION/CASELAW/RULES/MEMOS

EOIR Practice Manual Changes (See Table of Changes at end of Practice Manual)

Changes the default filing deadline for non-detained individual hearings from 15 days to 30 days. There also is guidance on the contents of motions for extensions.

USCIS and EOIR Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal

DHS and DOJ issued a joint final rule based on a 7/9/20 NPRM clarifying that the danger to the security of the U.S. statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. Rule is effective 1/22/21. (85 FR 84160, 12/23/20) AILA Doc. No. 20122311

Judge Leans Toward Nixing DACA, But Mulls ‘Slice And Dice’

Law 360: A Texas federal judge seemed likely at a hearing Tuesday to strike down an Obama-era program protecting young unauthorized immigrants, but he indicated he may leave open a window to “slice and dice” the program or send it back to the government to revise it.

Petitions of the week: Federal funding for sanctuary cities and another dispute about the border wall

SCOTUSblog: If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction.

BIA Holds Oregon Conviction for Child Neglect Is a Crime of Child Abuse Under INA §237(a)(2)(E)(i)

The BIA ruled that a conviction for child neglect in the second degree under §163.545(1) of the Oregon Revised Statutes is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i). Matter of Rivera-Mendoza, 28 I&N Dec. 184 (BIA 2020) AILA Doc. No. 20122205

CA1 Upholds Denial of Withholding of Removal to Honduran Landowner Who Was Threatened by Unidentified Man

The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner, finding he had failed to prove a nexus between the alleged persecution and membership in his proposed particular social group of “Honduran landowners.” (Marquez-Paz v. Barr, 12/18/20) AILA Doc. No. 20122109

6th Circ. Says Migrant Children Have No Right To Free Atty

Law360: The Sixth Circuit on Tuesday held that migrant children are not guaranteed a free lawyer when fighting deportation in immigration court, upholding a Guatemalan man’s conviction for entering the U. S. without authorization after he was deported as a teenager. In a published opinion, a three judge panel said that foreign-born minors do not have a constitutional right to a government-provided lawyer in immigration court, finding that certain sufficient “safeguards” already exist for them, including that immigration judges help pro se immigrants develop the court record and that the government must produce clear evidence that an individual should be deported.

CA7 Rejects Petitioner’s Argument That BIA Should Have Found His Statutory Motion to Reconsider to Be Timely

The court found that the petitioner had failed to exhaust his administrative remedies before the BIA for his argument that his 2019 motion to reconsider was timely because it related back to his still-pending 2004 motion to reconsider. (Hernandez-Alvarez v. Barr, 12/16/20) AILA Doc. No. 20122112

CA9 Vacates and Remands BIA’s Decision in Matter of E-R-A-L-

The court issued an order granting the petitioner’s unopposed motion to vacate the BIA’s decision in Matter of E-R-A-L-, which pertains to establishing a particular social group based on landownership, and remanded to the BIA for further proceedings. (Albizures-Lopez v. Barr, 12/10/20) AILA Doc. No. 20122203

CA9 Reverses USCIS’s Denial of H-1B Visa Filed on Behalf of Indian Citizen with Bachelor’s Degree as a Computer Programmer

The court held that USCIS’s denial of the H-1B visa was arbitrary and capricious where USCIS had ruled that computer programmers did not “normally” require a bachelor’s degree, despite relevant language in DOL’s Occupational Outlook Handbook (OOH). (Innova Solutions, Inc. v. Baran, 12/16/20) AILA Doc. No. 20121733

CA11 Says Conviction in Florida for Vehicular Homicide Is Categorically a CIMT

The court held that vehicular homicide in Florida is a crime involving moral turpitude (CIMT), and thus upheld the BIA’s determination that the petitioner was removable for having been convicted of two or more CIMTs pursuant to INA §237(a)(2)(A)(ii). (Smith v. Att’y Gen., 12/18/20) AILA Doc. No. 20122113

District Court Orders Immigration Agencies to Produce Immigration Case Files

A district court judge granted summary judgment in favor of two nationwide classes suing USCIS and ICE for failing to timely produce the class members’ immigration files (A files). (Nightingale, et al., v. USCIS, et al., 12/17/20) AILA Doc. No. 20122104

District Court Grants Class Certification and Amends Preliminary Injunction in Unaccompanied Children Litigation

A district court granted the plaintiffs’ motion for class certification and motion to amend the nationwide preliminary injunction in a lawsuit challenging USCIS policy limiting asylum jurisdiction over UAC applicants. (J.O.P. et al., v. DHS, et al., 12/21/20) AILA Doc. No. 20122321

Asylum Seekers and Service Providers Sue Trump Administration to Stop Rules that Block Access to Work Permits

CGRS: A group of asylum seekers and immigrant services organizations are suing the Department of Homeland Security (DHS), purported Acting Secretary Chad Wolf, and purported Acting DHS General Counsel Chad Mizelle to vacate two rules that have drastically curtailed access to work authorization and identity documentation for people who flee to the United States and apply for asylum protection.

Groups Challenge Trump Administration Rule Gutting Asylum

CGRS: Set to take effect on January 11, 2021, the rule completely transforms the asylum process, severely limiting the availability of asylum and related protections to individuals fleeing persecution or torture.

Challenging Drastic Immigration Court Fee Increases That Limit Access to Justice

AIC: The fee increase rule scheduled to take effect January 18 would apply when individuals facing deportation submit certain applications, appeals, and motions to the nation’s immigration courts or the Board of Immigration Appeals, both of which are overseen by the Executive Office for Immigration Review, within the Department of Justice.

TPS Beneficiaries Push Ahead with Challenge to Ken Cuccinelli’s Unlawful Policy Obstructing Beneficiaries’ Ability to Obtain U.S. Green Cards

CLINIC: Seven Temporary Protected Status (TPS) beneficiaries — who live in the District of Columbia, Maryland, Virginia, and Miami, Florida — and the Central American Resource Center (CARECEN) filed a motion for a preliminary injunction in their suit against the Trump administration for unlawfully blocking TPS beneficiaries’ path to permanent U.S. residence.

DHS Extends Flexibility in Requirements Related to Form I-9 Compliance

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until January 31, 2021. AILA Doc. No. 20032033

DOS Provides FY2021 Annual Numerical Limits

DOS provided charts with the FY2021 annual numerical limits for both family and employment-based visa preference categories. AILA Doc. No. 20122316

USCIS Adjustment of Status Filing Dates for January 2021

USCIS determined that for January 2021, F2A applicants may file using the Final Action Dates chart. Applicants in all other family-sponsored preference categories must use the Dates for Filing chart. Applicants in all employment-based preference categories must use the Final Action Dates chart. AILA Doc. No. 20122305

USCIS Ending the Haitian Family Reunification Parole and Filipino World War II Veterans Parole Programs

USCIS announced it is publishing a notice in the Federal Register revising Form I-131 to remove sections on the Haitian Family Reunification Parole and the Filipino World War II Veterans Parole programs. These changes will terminate the programs when form instruction changes are finalized. AILA Doc. No. 20122312

EOIR Releases Memo Cancelling Certain Operating Policies and Procedures Memoranda

EOIR issued a policy memo (PM 21-11) rescinding and cancelling the following Operating Policies and Procedures Memoranda: OPPM 97-9, OPPM 00-02, OPPM 01-03, OPPM 04-09, and OPPM 06-03. AILA Doc. No. 20122302

DHS Notice of Agreement Between the U.S. and El Salvador for Cooperation in the Examination of Protection Claims

DHS notice of agreement between the government of the United States of America and the government of the Republic of El Salvador for cooperation in the examination of protection claims. (85 FR 83597, 12/22/20) AILA Doc. No. 20121631

DHS Announces Finalization of Asylum Cooperative Agreement with Honduras

DHS announced that the United States and Honduras have concluded the implementation accords for the Asylum Cooperative Agreement, under which certain migrants requesting asylum or similar humanitarian protection at the border will be transferred to Honduras to seek protection in Honduras. AILA Doc. No. 20122108

RESOURCES

ICE Releases FY2020 Annual Report

CBP Provides FY2021 Data on Migrant Protection Protocols

CBP Provides FY2021 Custody and Transfer Statistics

AILA: Practice Alert: USCIS Agrees to Stop Rejecting Applications and Petitions for Blank Spaces as of December 28, 2020

AILA: Practice Alert: Select Immigration Courts Have Resumed Some Master Calendar Hearings

AILA: Practice Alert: Rescheduling of USCIS Interviews and Other COVID Updates

AILA: Practice Alert: Recent Final Rules Affecting Asylum, Withholding of Removal and Credible Fear/Reasonable Fear Determinations, and the Third Country Transit Ban

AILA: Practice Alert: Omnibus Bill Extends Various Immigration Programs and Provides Relief for Mixed-Status Families

AILA: Practice Alert: Select Immigration Courts Have Resumed Some Master Calendar Hearings

ILRC: Temporary Protected Status (TPS): An Update on Status and Options

ILRC: DACA Practice Update December 2020

CATO: List of deregulatory actions for legal immigration

Registration Open for American University’s Spanish for Lawyers Online Course

EVENTS

1/7/21 Trauma-Informed Lawyering: Strategies and Best Practices

1/7/21 New Forms for DOJ Recognition and Accreditation

1/12/21 Unemployment Insurance

1/12/21-2/26/21 Comprehensive Overview of Immigration Law

1/14/21 Documentary: “Searching for Disappeared Migrants”

1/21/21 Immigration in 2021: Anticipating Changes under a New Administration

1/25/21-2/8/21 Three-Part Webinar Series: All About Public Charge Inadmissibility

2/4/21 Basic Immigration Law 2021: Business, Family, Naturalization and Related Areas

2/5/21 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Immigration Relief 2021

2/5/21 Addressing Domestic Violence 2021: Remote Family and Immigration Law Practice During Pandemic or Disaster

2/9/21 What Every Lawyer Should Know About U.S. Immigration Law

2/25/21-4/8/21 Introduction to Family-Based Immigration Law

2/10/21 All About DOJ Recognition and Accreditation

3/12/21 Strategies and Tactics for Successful Immigration Appeals

3/16/21 Representing Immigrants in Family Court

4/21/21 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2021

ImmProf

Monday, December 28, 2020

Anarchy in the UK? The UK struggles to manage immigration

Highpoints of 2020: The Most Inspiring Immigrants of 2020

Cert Petitions of the Week: Federal funding for sanctuary cities and another dispute about the border wall

Sunday, December 27, 2020

Highpoints of 2020: DACA Recipient Qualifies for U.S. Olympic Trials, DACA Survives in Supreme Court

At the Movies: And Breathe Normally (2018)

Saturday, December 26, 2020

Highpoints of 2020: LA Dodgers Win World Series and How an Immigrant’s Son Became a Dodgers Owner

Friday, December 25, 2020

Best Immigration Books of 2020 Part 3

Merry Christmas!

Thursday, December 24, 2020

France Gives Frontline Immigrant Workers An Expedited Path to Citizenship

Immigration Headlines of the Year

Immigration Article of the Day, A New Beginning: Early Refugee Integration in the United States, by Van C. Tran and Francisco Lara-García

Border wall construction presses full steam ahead in final days of Trump administration

Best Immigration Books of 2020 (Part 2)

Wednesday, December 23, 2020

Deregulating Legal Immigration

Class Action Against ICE and Georgia Doctor Alleging Medical Abuse

Immigration Article of the Day, The Value of Citizenship and Service to the Nation by Cara Wong & Jonathan Bonaguro

Biden Tempers Expectations on Rollback of Trump Immigration Measures

Best Immigration Books of 2020 (Part 1)

Tuesday, December 22, 2020

Effort to Undo DACA Program in Texas Court…. Again

“Chilling Effects” of the Public-Charge Rule Are Real: Steep Decline in Benefits Use by Immigrant Families

What’s NOT in the 2021 Consolidated Appropriations Act: Changes to EB Visas

Mixed-status immigrant families eligible for stimulus checks in New COVID relief bill

Immigration Article of the Day, Help Wanted: Employer Demand for Less-Skilled Temporary Foreign Worker Visas in an Era of Declining Unauthorized Immigration by Pia M. Orrenius & Madeline Zavodny

Why Don’t Undocumented Immigrants “Wait in Line” to Come Lawfully to the US?

Immigration Film of the Year: Immigration Nation

Monday, December 21, 2020

National Museum of the American Latino: 2021 Consolidated Appropriations Act

Immigration Provisions in the 2021 Consolidated Appropriations Act

Immigration Court Case Completion Times Jump as Delays Lengthen

Immigrants are the COVID-19 Vaccine Heroes

Undocumented Immigrants Should get COVID-19 Vaccinations — For All Our Health

Immigration Article of the Day, The Preferences of Political Elites and Humanitarian Immigration to the United States, by Banks Miller, Jennifer S. Holmes & Linda Camp Keith

The COVID-19 Behind Bars Data Project

Best food in the US and other immigrant contributions recognized by Vilcek Foundation

Top 10 Immigration Stories of 2020

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

👍🏼👍🏼👍🏼👍🏼👍🏼👍🏼

😎😎😎😎😎😎

⚖️⚖️⚖️⚖️⚖️⚖️

🗽🗽🗽🗽🗽

DEMS NEED TO STOP REPEATING THE BOGUS 🤥 NARRATIVES ABOUT THE (LARGELY SELF-CREATED & OVERBLOWN) “SOUTHERN BORDER CRISIS:” Channeling “Courtside,” Yale Schacher Sets Forth A Plan For Using Experts To Not Only Reinstitute But Drastically Improve Due Process ⚖️🗽🇺🇸 For Asylum Seekers! — It’s NOT Rocket 🚀 Science!

Yael Schacher
Historian
Senior U.S. Advocate
Refugees International

https://www.refugeesinternational.org/reports/2020/12/17/building-better-not-backward-learning-from-the-past-to-design-sound-border-asylum-policy

Introduction

President-elect Biden has promised a broad array of reforms that would impact refugees, asylum seekers, and other forced migrants. He has indicated he will restore Temporary Protected Status, place a moratorium on deportations, and end prolonged detention and for-profit detention centers. These are all crucially important to the safety and security of migrants and their families in the United States and other countries, especially in the Western Hemisphere. President-elect Biden has also promised to end the Trump administration’s policy of making asylum seekers “remain in Mexico” while awaiting hearings in U.S. immigration court.

However, in recent weeks, a flawed and fatalistic view of migration to the U.S. southern border has taken hold in some media accounts and reports. It goes like this: President Trump’s Remain in Mexico (or MPP) policy has created a logistical and humanitarian crisis at the southern U.S. border that, despite President-elect Biden’s promises, will be very difficult to undo. Further, a combination of pull and push factors (especially in the wake of hurricanes in Central America) will lead to increased migration to the southern U.S. border this spring such that President-elect Biden will have little choice but to keep the border sealed under an order from the Centers for Disease Control and Prevention (CDC), as he attempts to deal with COVID-19 in border states and fulfill other immigration policy promises—including uniting families the Trump administration ripped apart two years ago.

There are several problems with this line of argument, many of which are addressed in this report. Most fundamentally, keeping the border sealed and migrants waiting in Mexico will perpetuate serious abuses. Family separations and other violations of human rights, as well as violations of U.S. law, will continue to occur under a Biden administration that does not implement new policies at the border. Recently, MPP and the CDC border closure have exacerbated smuggling and trafficking at the border, as well as other forms of abuse against migrants. For example, the CDC order has led to the repatriation of Nicaraguan dissidents as well as the return of a sexually abused Guatemalan child. It has also led asylum seekers to try to cross undetected in remote desert areas. Further, unwinding MPP and allowing asylum seekers to ask for protection at the border is not only the right thing to do, but also feasible with the proper planning. Indeed, it presents the incoming administration with an opportunity to rethink migration management, especially for those seeking asylum, and to implement a new screening process that is both more humane and more efficient.

President-elect Biden has invoked President Franklin Delano Roosevelt—healer, rebuilder, and practical problem solver—as a model. During World War II, Roosevelt planned and devoted significant resources to resolving the largest displacement crisis the world had ever known. This planning was part of an effort to ensure that what happened in 1939 to the S.S. St. Louis—a ship of asylum-seeking Jews turned away by the United States and other countries—would not occur again.

During his first week in office, President-elect Biden should issue an executive order on border asylum policy that departs dramatically from that which President Trump put forth during his first week. President Biden’s executive order should give asylum seekers access to the border and provide for cooperation with border states and shelters to safely and humanely receive asylum seekers. It should allocate resources to alternatives to detention, including case management, and to improved adjudication of asylum claims in immigration courts, especially through provision of legal services. It should also commit to ending practices associated with expedited removal of asylum seekers that have resulted in abuses, and to the use of parole to unwind MPP. Finally, through revocation of Trump administration decisions, regulations, and policies, as well as through settlement of lawsuits and the withdrawal of appeals to federal courts regarding these policies, the executive order should commit to restoring asylum eligibility to those who have fled persecution but have been denied or prevented from obtaining protection.

In taking such action, President-elect Biden would be fulfilling not only his campaign promises but the commitment he made when he voted for Senate passage of the Refugee Act of 1980. That law, supported by large majorities of both parties, promised to ensure fair access to asylum at the border.

This report shows why it is imperative that the Biden administration do this rather than keep us mired in a policy framework that does not work and that has led to a cycle of crises. It does so by looking back to a momentous time of transition about thirty years ago. With the Cold War ending, the United States had to rethink its assumptions about who merited refugee status. Only a handful of refugee resettlement slots in the U.S. Refugee Program were allotted to Central Americans, and the United States had not yet developed clear procedures for effectively handling asylum seekers at the southwestern border. Rather than acknowledge the forces pushing people northward, U.S. policymakers adopted a paradigm that was focused primarily, if not exclusively, on deterrence. This is a paradigm that we are still in today.

At different points over the past thirty years, humanitarian and constructive policies have tempered the harshness of this paradigm, and such policies have also brought benefits in terms of cost and efficiency. These policies need to be adapted and scaled up. But they also need to be placed within a welcoming framework that does not presume asylum seekers are a threat. Instead of devoting tremendous resources to a futile and rights-violating attempt to block those already on the move, we have to try to better understand the drivers of migration, which, for Central Americans, include corruption, poverty, insecurity, and violence. We must devote resources instead to humanely receiving asylum seekers and adjudicating their claims fairly. We also have to stop assuming that the best place to manage admissions of all Central Americans seeking protection is at the border.

The Deterrence Paradigm

The deterrence paradigm has been implemented repeatedly using the same counterproductive strategies.

. . . .

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

Read the rear of Yael’s article at the link.

👍🏼👍🏼👍🏼👍🏼👍🏼⚖️🗽🇺🇸

Folks like my Round Table 🛡⚔️ colleague Judge Paul Grussendorf and I have been “preaching” for an abandonment of the unlawful, inhumane, incredibly wasteful, and demonstrably ineffective “deterrence paradigm.”

The skill set to establish a lawful, better, humane, efficient asylum system, consistent with our Constitutional, statutory, and international obligations is out there, mainly in the private/NGO/academic communities. I/O/W the “practical scholars, litigators, and advocates” in the NDPA.

It’s a just a question of the incoming Biden/Harris Administration getting beyond the “enforcement only” mentality, personnel, and White Nationalist nativist thinking that currently infects the entire USG immigration bureaucracy, at all levels. Replace the current failed leadership with experts from the NDPA and empower them to work with other experts in the private sector to institute a better system that would be no more costly, likely less, than the current “built to fail” abominations that not only waste resources but destroy human lives and are an ugly stain on our national conscience!

I also appreciate Yael’s recognition of the pressing and compelling need to “end the Clown Show 🤡🦹🏿‍♂️☠️@ EOIR:”

Immigration Court Reform

EOIR policies during the Trump administration have been at odds with principles of due process and judicial independence. These include the imposition of numeric case completion quotas and docket management policies that deprive asylum seekers of procedural protections; appointment of judges who almost exclusively come from prosecutorial backgrounds (especially working at DHS and in law enforcement); promotion to permanent positions on an expanded BIA of judges with asylum denial rates much higher than the national average; and procedures that limit the ability of claimants to effectively appeal their cases. The Biden administration should conduct an urgent review of EOIR hiring practices and immigration court procedures and develop recommendations for regulatory or structural changes consistent with the protection needs of asylum seekers.

The critical “urgent review” should be done by a “Team of Experts from the NDPA” brought in on an immediate temporary basis, if necessary, in accordance with Federal Personnel Rules, to replace the current Senior “Management” @ EOIR as well as the entire BIA. There’s no better way to fix the system than to take over management, restore fairness and order, and get inside the current disastrous mess @ the Clown Show 🤡🦹🏿‍♂️! Importantly, the “Team of Experts” with effective operational control could immediately begin fixing (and conversely stop aggravating and creating) the glaring problems while putting the structure and personnel in place for long-term reforms.

Lives ☠️⚰️ are at stake here! We need ACTION, not merely study and evaluation. “Fixing the system on the fly” may be challenging, but it’s perfectly within the capabilities of the right team of NDPA experts! Dems often prefer study and dialogue to effective actions. As Toby Keith would say: We need “a little less talk and a lot more action.”

(Toby Keith: https://www.google.com/search?q=%22a+little+less+talk+and+a+lot+more+action&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari)

Due Process Forever! It’s NOT rocket 🚀 science!

PWS

12-30-20

ROBERT REICH @ The Guardian: Indulgence By Far Too Many Americans Of Totally Unacceptable Conduct By Overtly Corrupt, Immoral, Unqualified Prez Could Be His Worst Legacy 🏴‍☠️— One From Which Recovery Is Not Guaranteed😰!

https://www.theguardian.com/commentisfree/2020/dec/26/americans-acceptance-of-trumps-behavior-will-be-his-vilest-legacy?CMP=Share_iOSApp_Other

. . . .

Trump has brought impunity to the highest office in the land, wielding a wrecking ball to the most precious windowpane of all – American democracy.

The message? A president can obstruct special counsels’ investigations of his wrongdoing, push foreign officials to dig up dirt on political rivals, fire inspectors general who find corruption, order the entire executive branch to refuse congressional subpoenas, flood the Internet with fake information about his opponents, refuse to release his tax returns, accuse the press of being “fake media” and “enemies of the people”, and make money off his presidency.

And he can get away with it. Almost half of the electorate will even vote for his reelection.

A president can also lie about the results of an election without a shred of evidence – and yet, according to polls, be believed by the vast majority of those who voted for him.

Trump’s recent pardons have broken double-pane windows.

Not only has he shattered the norm for presidential pardons – usually granted because of a petitioner’s good conduct after conviction and service of sentence – but he’s pardoned people who themselves shattered windows. By pardoning them, he has rendered them unaccountable for their acts.

They include aides convicted of lying to the FBI and threatening potential witnesses in order to protect him; his son-in-law’s father, who pleaded guilty to tax evasion, witness tampering, illegal campaign contributions, and lying to the Federal Election Commission; Blackwater security guards convicted of murdering Iraqi civilians, including women and children; Border Patrol agents convicted of assaulting or shooting unarmed suspects; and Republican lawmakers and their aides found guilty of fraud, obstruction of justice and campaign finance violations.

It’s not simply the size of the broken window that undermines standards, according to Wilson and Kelling. It’s the willingness of society to look the other way. If no one is held accountable, norms collapse.

Trump may face a barrage of lawsuits when he leaves office, possibly including criminal charges. But it’s unlikely he’ll go to jail. Presidential immunity or a self-pardon will protect him. Prosecutorial discretion would almost certainly argue against indictment, in any event. No former president has ever been convicted of a crime. The mere possibility of a criminal trial for Trump would ignite a partisan brawl across the nation.

Congress may try to limit the power of future presidents – strengthening congressional oversight, fortifying the independence of inspectors general, demanding more financial disclosure, increasing penalties on presidential aides who break laws, restricting the pardon process, and so on.

But Congress – a co-equal branch of government under the Constitution – cannot rein in rogue presidents. And the courts don’t want to weigh in on political questions.

The appalling reality is that Trump may get away with it. And in getting away with it he will have changed and degraded the norms governing American presidents. The giant windows he’s broken are invitations to a future president to break even more.

Nothing will correct this unless or until an overwhelming majority of Americans recognize and condemn what has occurred.

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

Read Reich’s full article at the link.

As I have mentioned, the lack of accountability could be a problem for the Biden-Harris Administration. And, 74 million voters who pulled the lever for an overtly corrupt, anti-American, racist, clown is an even bigger obstacle to the future of our nation.

On the other hand, although he was a “minority President” from the git go, Trump had nothing but contempt for the majority of us who didn’t favor his maliciously incompetent and divisive policies; he completely disregarded both truth and the common good.

Biden and Harris start with something that Trump never had — the support of a clear majority of 7 million plus voters. So, if they govern wisely, humanely, and in the public interest they could succeed in saving our nation from the 74 million who joined Trump’s war against American democracy. And despite their short-signtedness and intransigence, the 74 million and their families in Trumpland will get the benefits of better government in the public interest. Sometimes, you have to save folks in spite of themselves.

If the policies of decency, honesty, courage, and governing in the public interest work, it could create a longer-term governing majority. If not, it will still be worth a shot at saving our democracy. Another Administration of Trump and his minority minions would be the end of our democracy anyway — the majority of us have little to lose by giving it our best shot with the Biden Harris Team!

24 days and counting!

Due Process Forever!⚖️🗽🇺🇸👍

PWS

12-28-20

CGRS @ Hastings 🇺🇸⚖️🗽ISSUES STATEMENT ON SUIT TO HALT DYING REGIME’S 👎🏻 “KILL ALL ASYLUM SEEKERS” ⚰️ FINAL REGS — As “Age Of Infamy” 🤮 Draws To Disgusting Close, Questions Remain As To Reversal Of Illegal/Immoral Policies, Accountability For Crimes Against Humanity 🏴‍☠️ By Grauleiter Miller ☠️ & Accomplices!

Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Blaine Bookey
Legal Director
Center for Gender & Refugee Studies @ Hastings Law
Photo: CGRS website

https://cgrs.uchastings.edu/news/groups-challenge-trump-administration-rule-gutting-asylum

Groups Challenge Trump Administration Rule Gutting Asylum

Thursday, December 24, 2020

Four immigrant rights organizations – Pangea Legal Services, Dolores Street Community Services, Inc., Catholic Legal Immigration Network, Inc. (CLINIC), and Capital Area Immigrants’ Rights Coalition – have requested a temporary restraining order in a lawsuit challenging a sweeping new rule that will eviscerate access to protection for people seeking refuge in the United States. Set to take effect on January 11, 2021, the rule completely transforms the asylum process, severely limiting the availability of asylum and related protections to individuals fleeing persecution or torture. The plaintiff organizations are represented by the Center for Gender & Refugee Studies, the Harvard Immigration and Refugee Clinical Program, and the law firm of Sidley Austin LLP.

“Published in the waning hours of the Trump administration, this rule marks its most far-reaching attempt to end asylum yet, and a death knell to our country’s longstanding commitment to offer safe haven for the persecuted,” said Jamie Crook, Director of Litigation at the Center for Gender & Refugee Studies. “The rule violates our laws, flouts our treaty obligations, and upends decades of legal precedent. If the mammoth rule is permitted to take effect, it will result in people being deported to face persecution, torture, and even death in their home countries.”

The rule deprives asylum seekers of any semblance of due process, imposing many barriers to relief before they even have the opportunity to present their case in immigration court. Among its numerous harmful provisions, the rule allows judges to deny an asylum application without holding a hearing. The rule also establishes 12 new “discretionary” factors that will bar many asylum seekers from life-saving protection. These include a de facto bar to asylum for applicants who pass through another country en route to the United States, effectively codifying and expanding the Trump administration’s third country transit bar, which the courts have already struck down as unlawful.

For those who are able to get their case before a judge, the new rule radically redefines who qualifies as a “refugee,” distorting the law so thoroughly that adjudicators can deny relief to virtually all applicants. The rule explicitly excludes from protection survivors of gender-based violence, children and families targeted by gangs, and people fleeing other abhorrent abuses. It also redefines “persecution” in such a way that judges will be directed to deny asylum even to individuals who have been detained and threatened with death due to their beliefs.

“Despite its enormous scope, the administration rushed this rule through the regulatory process without regard for its life-or-death implications for asylum seekers,” said Sabrineh Ardalan, Director of the Harvard Immigration and Refugee Clinical Program. “The administration chose to brush aside nearly 90,000 public comments raising serious concerns with the proposed rule.”

The plaintiffs in this lawsuit are nonprofit organizations that provide immigration legal services and have previously come together to stop other Trump administration attempts to erect unlawful barriers to asylum. They contend that the new rule will make it far more difficult to assist asylum-seeking clients and cause serious harm to the immigrant communities they serve.

The plaintiffs have asked the U.S. District Court for the Northern District of California to issue a permanent nationwide injunction to prevent the rule from taking effect, arguing that the rule violates the Immigration and Nationality Act, the Administrative Procedures Act, the Due Process Clause of the U.S. Constitution, and the United States’ duty under international law not to return people to persecution or torture. On Wednesday the plaintiffs requested a temporary restraining order to immediately halt implementation of the rule while the court considers the case.

The plaintiffs also argue that the rule is procedurally invalid, as it was co-issued by Acting Department of Homeland Security Secretary Chad Wolf, whom multiple courts have declared was unlawfully appointed to his position and lacks the authority to promulgate such a rule.

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

Speeding up executions, killing and torturing the most vulnerable humans, denying COVID relief to desperate Americans, issuing corrupt pardons to murderers, fraudsters, cronies, and dishonest politicos, plotting treason against the USG — that’s how the regime and its sycophants have spent their waning days.

Despite the obvious desire to move on and avoid dealing with the crimes and overt corruption of the defeated regime, it will be difficult for the Biden-Harris Administration to avoid questions of accountability for the worst President, worst regime, and worst major party in U.S. history. Honestly coming to grips with the past is often a prerequisite for a better future.

⚖️🗽🇺🇸Due Process Forever!

PWS

12-27-20

🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

Jacob Soboroff reports for NBC News:

Inside the effort to provide mental health care to migrant families

SHARE THIS –

COPIED

Seneca Family of Agencies provides mental health care to migrant families separated by the Trump administration. NBC News’ Jacob Soboroff reports on the obstacles faced by the nonprofit in locating families.

Dec. 22, 2020

Watch Jacob’s report here.

https://www.nbcnews.com/nightly-news/video/inside-the-effort-to-provide-mental-health-care-to-migrant-families-98295877800

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

Jacob and his terrific NBC News colleague Julia Edwards Ainsley have been at the forefront of exposing the irreparable human carnage and lasting trauma caused by the regime’s unlawful, racist, White Nationalist immigration policies (some of which were unconscionably “greenlighted” by an immoral and irresponsible Supremes GOP majority that views themselves and their rotten to the core, inhumane, right-wing ideology as above the needless human suffering they further and encourage).

The “perps” like,”Gonzo” Sessions, Grauleiter Miller, Kirstjen Nielsen, “Big Mac With Lies” McAleenan, Noel Francisco, Rod Rosenstein, et al, walk free while the victims continue to suffer and others, like the Christ-like folks at Seneca Family of Agencies, are left to pick up the pieces! How is this “justice?”

Our national policies have truly abandoned Christ’s values of self-sacrifice, mercy, generosity in spirit and deed, courage in the face of oppression, human compassion, justice, and assistance for the most vulnerable among us under the perverted and immoral “leadership” of a man and his party without humane values or respect for truth who stand for absolutely nothing that is decent in the world.

As Americans suffer and die from the pandemic he mocked, downplayed, and mishandled; unemployed Americans are dissed and shortchanged by his party of underachieving, out of touch fat cats, liars, cowards, and truth deniers; asylum seekers needlessly suffer in squalid camps in Mexico; refugees scorned, unlawfully and immorally abandoned and abused by the world’s richest country face persecution, torture, despair, and death; and non-criminals rot in DHS’s “New American Gulag,” the immoral Grifter-in-Chief lives it up at taxpayer expense for one last Christmas at his Florida resort; fumes about a fair and square election that he lost big time; savors a rash of holiday executions; delays bipartisan COVID relief; ferments treason against our republic; and pardons a wide range of scumbags, felons, war criminals, family members, cronies, fraudsters, and other totally undeserving characters.

But, there is hope for our world at Christmas: 27 days and counting to the end of the kakistocracy, expulsion of the unqualified con-man and his motley crew of criminals and cronies, and the ascension of a real President and Vice President, Joe Biden and Kamala Harris, to lead us, and perhaps our world, out of the current mess to a kinder, brighter future. That might be the best present of all this Christmas.

Due Process Forever!⚖️🗽👍🏼

PWS🎅🏻🎄😎

12-24-20

DUH OF DA DAY: White Nationalist Agenda, Anti-Asylum Gimmicks, Grotesque Mal-Administration Leads To Longer Waiting Times @ Disastrously Dysfunctional EOIR 🤮 — Biden-Harris Administration Must End America’s Disgraceful Star Chambers ⚰️!

EYORE — “Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Star Chamber Justice — “Justice”
Star Chamber
Style

Four Horsemen — BIA Asylum Panel In Action
Albrecht Dürer, Public domain, via Wikimedia Commons

Transactional Records Access Clearinghouse

Immigration Court Case Completion Times Jump as Delays Lengthen

FOR IMMEDIATE RELEASE

Not surprisingly, Immigration Court closures and delays in hearings for courts that are conducting hearings have drastically reduced the number of completed cases for the first two months of this fiscal year as compared with prior years at the same time.

New cases continue to drastically outpace case completions. In October and November 2020, the Immigration Courts received 29,758 new filings. This is fewer filings than usual, but still almost twice the 15,990 cases they completed.

As a result, the court’s active backlog at the end of November 2020 reached 1,281,586. This is up 18,821 cases in just the last two months. Adding to the court’s workload are not only new filings, but previously closed cases that have been reopened, remanded for reconsideration, or otherwise placed back on the court’s docket.

Disposition times for closed cases have also shot up this year. Cases disposed of in FY 2020 took on average 460 days. During the first two months of FY 2021, the courts disposed of a much smaller number of cases, but the disposition times were much longer at an average of 755 days—or 64 percent longer. The longest disposition times were found in the Cleveland Immigration Court where it took on average 1,617 days.

For the latest disposition times at each Immigration Court read the full report at:

https://trac.syr.edu/immigration/reports/634/

To examine a variety of Immigration Court data, including asylum data, the backlog, MPP, and more now updated through November 2020, use TRAC’s Immigration Court tools here:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors

Transactional Records Access Clearinghouse

Syracuse University

Suite 360, Newhouse II

Syracuse, NY 13244-2100

315-443-3563

trac@syr.edu

https://trac.syr.edu

The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

As mom used to say, “Haste makes waste.” Taking more time to decide cases would be perfectly defensible if it actually produced useful deliberation, thoughtful scholarship, and just and fair results. But, this currently is a system that must limit its intake while it develops the expertise, scholarship, analytical skills, quality control mechanisms, and best practices necessary for judicial efficiency that complies with due process and fundamental fairness (not to mention basic asylum law). That’s a “complete rebuild.”

Then, once that system is running well, it could be methodically and rationally expanded, if actually necessary. But, aimlessly building more assembly lines producing defective products and then ratcheting up the speed will, not surprisingly, produce nothing except more dangerous and defective products.

Not exactly rocket science that a bunch of hacks implementing racist policies, trying to speed up the assembly line, engaging in “Aimless Docket Reshuffling,” eradicating due process, discouraging fairness and deliberation, eliminating their own jurisdiction to control the dockets, and denying everything while mindlessly throwing more resources into a broken beyond belief “(non)system” at war with its own essential employees and those whom it (dis)serves would produce total chaos and dysfunction. Also, throw in lack of best technology and overt disregard for public health and safety.

And, while this is going on, an undisciplined, out of control, and for all practical purposes worse than useless ICE continues to pour new cases into the maelstrom at twice the rate it can get turn them out! As the late NY Met’s Manager Casey Stengel once said, “Can’t anyone here play this game?”

This is an ongoing and increasingly visible unmitigated national disgrace. It’s also an abuse of public funds and a betrayal of the public trust — fundamentals of sound government.

And, it won’t be “swept under the table” in the finest tradition of incoming Administrations. As I’ve said before, the Biden-Harris Administration either fixes EOIR🤡 immediately with some new faces with real expertise, or it “owns” it. And, the current White Nationalism infested atrocity and den of “malicious incompetence” at EOIR🤡 is not something an Administration striving to achieve equal justice and racial reconciliation should want to own!

Due Process Forever!

Hey hey, ho ho, the EOIR Clown Show 🤡 has got to go!

EOIR Clown Show Must Go T-Shirt — “EOIR Clown Show Must Go” T-Shirt Custom Design Concept

PWS

12-22-20

🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️)

https://www.nytimes.com/2020/12/20/opinion/trump-justice-department-lawyer.html?referringSource=articleShare

. . . .

Watching the Trump campaign’s attacks on the election results, I now see what might have happened if, rather than nip and tuck the Trump agenda, responsible Justice Department attorneys had collectively — ethically, lawfully — refused to participate in President Trump’s systematic attacks on our democracy from the beginning. The attacks would have failed.

. . . .

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

Read the full op-ed at the link. That’s right Erica. Lack of ethics, morality, and failing to uphold the Constitution and the rule of law have consequences. Helping to “custom design” obvious pretexts for racist and hate inspired policies, for consumption by right-wing judges who only seek “cover” for going along to get along with fascism, is wrong. Duh!

It’s no surprise that the clearly unconstitutional and racially and religiously bigoted “Travel Ban,” willingly embraced by an intellectually dishonest and morally compromised Supremes majority, was first on the list in Erica’s “confession.”

But, don’t expect any apologies from the vast majority of Trumpist lawyer/enablers who violated their oaths of office or from the big time law firms (one where I was formerly a partner) who have granted them undeserved refuge at fat salaries! Nor should we expect large-scale redemption from the legions of Government lawyers in DOJ, DHS, and elsewhere who will assert the “Nuremberg defense” of “just following orders.” But, that doesn’t mean that the rest of us can’t demand some accountability for participation in what are essentially “crimes against humanity.”

Erica’s article largely echoes what my friend and colleague Judge Jeffrey Chase, many of our colleagues in the Round Table of Former Immigration Judges, ⚔️🛡 and numerous members of the New Due Process Army (“NDPA”) have been saying throughout this Administration. Indeed, I frequently have noted that the once-respected Solicitor General’s Office and EOIR operated as basically “ethics free zones” under the disgraced “leadership” of Sessions, Whitaker, and Barr.

It’s also why the the Biden-Harris team that takes over at DOJ must:

immediately remove all the current “executives” (and I use that term lightly) at EOIR as well as all members of the BIA and transfer them to positions where they can do no further damage to asylum seekers, migrants, their (often pro bono or low bono) lawyers, or the rest of humanity;
replace them with qualified individuals from the NDPA; and
be circumspect in eventually making retention decisions for Immigration Judges, taking into account public input as to the the degree to which each such judge’s jurisprudence during the Trump kakistocracy continued to reflect adherence to constitutionally required due process and fundamental fairness to migrants, respect for migrants and their representatives, best practices, and interpretations that blunted wherever reasonably possible the impact of the kakistocracy’s xenophobic, racist, White Nationalist policies.

American justice has been ill-served by the DOJ and the Immigration Courts over the past four years. That’s something that must not be swept under the carpet (as is the habit with most incoming Administrations).

The career Civil Service overall, and particularly complicit and often ethics-free government lawyers, failed to put up the necessary resistance to an overtly anti-American regime with an illegal and immoral agenda. Lives were lost or irreparably ruined as a result. That’s a big-time problem that if not addressed and resolved will likely make continuance of our national democratic republic impossible.

⚖️🗽🧑🏽‍⚖️👍🏼🇺🇸Due Process Forever! Complicity Never☠️🤮🏴‍☠️👎🏻!

PWS

12-21-20

START YOUR HOLIDAY 🎄 WEEK OFF RIGHT WITH THE “DUH” ARTICLE OF THE DAY: Bad Things Happen 🤮☠️⚰️ To Nations That Put Criminals, Incompetents, & Toadies (a/k/a “The Kakistocracy”) In Charge — “There is the dereliction of duty in the response to the pandemic, and then there is the original dereliction of duty in placing a dime-store gauleiter like Stephen Miller anywhere close to a center of power.”

https://apple.news/Au2L4FahYQKqPiFqdxmwdaA

Charles P. Pierce in Esquire:

“Spirit! are they yours?” Scrooge could say no more.

“They are Man’s,” said the Spirit, looking down upon them. “And they cling to me, appealing from their fathers. This boy is Ignorance. This girl is Want. Beware them both, and all of their degree, but most of all beware this boy, for on his brow I see that written which is Doom, unless the writing be erased.”

—A Christmas Carol, Stave III

The Ghost of Grifters Not Yet Past was everywhere over the weekend. In the New York Times, we read about how the Ghost had arranged for a meeting of the political Chronic Ward in the White House. In the Washington Post, we read about how the Ghost had visited his feral children, Ignorance and Want, upon the land by giving them national political leaders who couldn’t pour piss out of a boot if the instructions were on the heel, and, worse, had no desire to learn how, even in the midst of the greatest public health crisis in a century.

While the Times’ account of the Mad Hatter’s seditious tea party is the flashier story, it is the Post’s deep spelunking into the administration*’s brutal (and quite deliberate) mishandling of the pandemic that is more likely to resound in historical memory as the most criminal dereliction of duty in the history of the American presidency. By comparison, Herbert Hoover at the onset of the Great Depression and James Buchanan as the nation slid toward the Civil War were positive pikers in their disregard for the office they held and the country they were chosen to lead.

. . . .

And then there’s the Dauphin Prince, who apparently had some power and almost no respect, possibly because he was marginally less of a fck-up than everyone else was.
. . . .

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

Read Charlie’s complete article at the link.

The Moron-in-Chief, the Party of Putin, and their rabidly anti-American followers and fellow travelers must have exceeded Vladimir’s wildest expectations.

And, at what a bargain price: no need for huge investments in the military, expensive weapons of mass destruction, complicated spy networks, or even major payment of bribes. Just find enough greedy, selfish, delusional, resentful, racist, dim-witted folks willing to betray our nation. Then, invest modest amounts in misinformation, flattery, fanning White Supremacy, and cyber espionage, and “puff” you’re inside the U.S. security, intelligence, and essential infrastructure system with your traitors and dupes installed throughout government and society. Heck, you own a major political party and didn’t even have to contribute billions to do it!

30 days and counting till the end of the kakistocracy and the return of hope, sanity, and competence to our national government. Let’s just hope that it’s not too late for those of us who still believe in America and for our world that is hurting for rational, far-sighted, values-based leadership!

PWS

12-21-20

KAKISTOCRACY WATCH: ANOTHER RAT 🐀 FLEES THE SINKING SHIP🆘: Billy The Bigot Jumps Ship Before Captain Queeg 🤯Can Fire Him!

Barr Departs — Lowering The Barr by Randall Enos, Easton, CT
Republished By License

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

Good riddance, although too late for the lives and futures of many of his victims!☠️⚰️👎🏻🐀🤮

Due Process Forever!

PWS

12-16-20

🐕‍🦺LUNA, FRIENDS, LOOK FORWARD TO RETURN OF FIRST DOGS, BETTER BREED OF HUMANS TO WHITE HOUSE!

https://jezebel.com/i-want-as-many-pets-as-possible-in-the-white-house-agai-1845596935

Hazel Cillis @ Jezebel:

What does a Joe Biden Presidency mean for America? An era without a fascist in office, for one thing. But it also means a very important figure will once again enter the White House, whose influence across the country can’t be understated: the Presidential pet.

Joe Biden has two dogs, a rescue named Major and an older German Shepherd named Champ who “loves to talk.” For the past four years not only has Donald Trump not welcomed any good boys into the White House, he has openly voiced his disdain for dogs and pets, using the word “dog” as an insult any chance he gets. Mike Pence might have Marlon Bundo and a few other animals, but Trump thought Pence bringing pets to the White House was, according to a 2017 report from The Hill, “low-class.” And anyway, all those Pence pets are complicit in this administration’s horrific policies, misogyny, and xenophobia, make no mistake.

But Presidential pets are a necessity. From Barack Obama’s beloved Bo and Sunny to FDR’s Fala (a beloved Scottish Terrier who actually starred in a small documentary film about his life as a Presidential pup in 1943), pets in the White House just make sense. I think beyond the usual dogs and cats, White House families should fill that sucker up with as many animals as possible. Don’t forget that President Calvin Coolidge was practically a pet hoarder, ushering in a raccoon, a pygmy hippo, and two lions named “Tax Reduction” and “Budget Bureau.”

Even if we don’t get a hippo once again, I for one am excited to have some dogs back in the White House, gnawing on furniture Abraham Lincoln once sat on, and bringing honor once again to this great nation.

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

Major & Champ will bring some much needed class and humanity to America’s first residence, which has conspicuously lacked both since January 20, 2017.

As Luna says, “Woof, woof, woof!”

PWS

11-07-20

🇺🇸IT’S A BEAUTIFUL DAY IN THE NEIGHBORHOOD — Joy, Relief, Optimism Pour Into The Streets!🗽⚖️

About 11:30 AM yesterday, I was on our screen porch working on Courtside. I heard the first joyful shouts. Simultaneously, my iPad screen told me that Pennsylvania had been called for Biden. I bellowed out a loud, YES! Then, I put up our American flag.

At 5 PM, by arrangement on the neighborhood e-Mail, folks started streaming out their doors, standing on the curb, glasses and champaign bottles in hand, for a toast to Joe Biden, Kamala Harris, the return of democracy, rationality, and human decency. Then we mixed and mingled, of course in a socially distant way. Dogs and kids were welcome. “Finally, able to breathe again” was a common refrain, as was “national nightmare coming to an end.”

Our neighbors are from all backgrounds and many different origins: doctors, lawyers, teachers, techies, designers, consultants, Federal bureaucrats, immigrants, parents, grandparents, singles. One mother had been naturalized just so she could vote in this election. All of us shared relief and joy at the return of sane, humane sound government and informed, reasonable dialogue on how to resolve our pressing national problems.

Later we adjourned to a back yard fire pit and celebrated and chatted some more, before drifting away to our respective homes. Cathy and I left the empty bottles and plastic cups on our lawn, intending to clean up in the daylight. But, by the time we arose, one of the neighbors had already done the job for us.

The aura of optimism still hung in the air today. At least for now, the world looks a lot brighter than it did four years ago.

COURTSIDE ELECTION SPECIAL🇺🇸🗽⚖️👍😎 — HARRIS, BIDEN, DEMOCRACY BIG WINNERS — THIS TIME AROUND, THE MAJORITY RULES, AS DEM DUO SWEEPS TO VICTORY IN BOTH POPULAR VOTE AND ELECTORAL COLLEGE!

President Elect Joe Biden — Official portrait of Vice President Joe Biden in his West Wing Office at the White House, Jan. 10, 2013. (Official White House Photo by David Lienemann).

Vice President Elect Kamala Harris
Official Senate Photo
Public Realm

🇺🇸🗽⚖️👍😎COURTSIDE ELECTION SPECIAL: HARRIS, BIDEN, DEMOCRACY BIG WINNERS — THIS TIME AROUND, THE MAJORITY RULES, AS DEM DUO SWEEPS TO VICTORY IN BOTH POPULAR VOTE AND ELECTORAL COLLEGE!

By Paul Wickham Schmidt

Courtside Exclusive

Nov. 7, 2020. Vice President and soon to be President Elect Joe Biden’s 33-year long quest for the U.S. Presidency will come to fruition on January 20, 2021. His running mate and soon to be Vice President Elect Senator Kamala Harris will become the first woman and the first African American to hold the number two job.

Although the results of the Presidential contest were long in coming, they basically fulfilled pre-election predictions. Harris-Biden are on pace to win a clear majority of the popular vote by over four million votes, in the process compiling the highest vote total in U.S. election history.

Unlike 2016, this time the popular vote translates into an insurmountable 59 vote margin and a majority in the electoral college. Fittingly, Biden’s apparent victory in Pennsylvania put him over the top. But, with the Biden Harris team in the lead in the “undecided” states of Nevada, Arizona, and Georgia that electoral margin seems likely to widen when the final vote is tabulated. Only the remaining states of Alaska and North Carolina appear to be falling into the Trump column, which would still leave the soon-to-be former President woefully short of an electoral majority.

Indeed, he is now on pace to lose by the same electoral majority than he compiled in defeating Clinton notwithstanding losing the popular vote to her by millions. At that time, Trump characterized his electoral college victory as a “landslide,” notwithstanding his very clear defeat in the popular vote. While compiling a head-scratchingly large cult-like following of tens of millions that propelled him to victory on 2016 and helped prop up his bizarrely incompetent presidency, Trump was never popular with the majority of Americans, except in his own muddled mind.

In winning a convincing victory, if not the overwhelming one that Democrats hoped for and that many pundits and pollsters predicted, Biden/Harris appear to have held every state won by Hillary Clinton in 2016 while “flipping” Biden’s birth state of Pennsylvania, Michigan, and Wisconsin by narrow margins. If their narrow current leads in Arizona and Georgia hold, they will add “flips” of these traditional GOP strongholds to their list of election achievements.

Biden becomes only the third candidate since Franklin D. Roosevelt in 1932 to unseat a sitting elected President, the others being President Ronald Reagan and President Bill Clinton. (President Jimmy Carter unseated President Gerald Ford in 1980, but Ford was never elected to either the Vice Presidency or the Presidency.) Biden also becomes the fourth Vice President in the past 70 years to later win a Presidential election.

Harris is a graduate of Howard University and Cal Hastings Law. Her win is a huge milestone for “historically black colleges” and their many talented graduates throughout our nation.

Biden is a graduate of the University of Delaware and Syracuse Law. The Harris-Biden tandem may be the first time that “non—Ivy” lawyers have held both of our top elected positions. That’s a tribute to the many fine law schools outside the Ivy League that produce the vast majority of the nation’s legal talent and fuel most of the “practical lawyering and usable scholarship” that keeps our legal system afloat.

Hopefully, our new leaders will keep that in mind when filling key positions in their upcoming Administration and particularly in making Federal Judicial appointments at all levels. That’s especially important considering the disturbing failure of many graduates of so-called “elite” law schools serving us as public officials and judges to effectively and courageously stand up to the all out assault on the rule of law, ethics, constitutionally required due process and equal protection, and human decency by the Trump regime.

Any surviving functionality and integrity in our courts and public institutions is largely the result of courageous and under-appreciated attorneys, many working pro bono, who have fought at the “retail level” of our justice system to preserve those human rights and fundamental values upon which our legal system rests. All too often, they suffered bullying and abuse from the cowardly Trump regime for their efforts, while life-tenured Federal Judges failed in their duty to intercede to protect officers of their courts and their clients whose rights were being trampled by a group of out of control White Nationalist bigots.

Thus, the Biden-Harris team will enter what is probably the most consequential Presidency in U.S. history at one of the most most difficult and contentious times. With an out of control pandemic, high unemployment, rapidly deteriorating environment, festering racism, looming healthcare, opioid, and educational crises, cratering international prestige, trade wars, a crippled and demoralized career civil service, a failing judicial system, dysfunctional immigration and refugee systems, lack of trust in Government, disquiet in the intelligence and military communities, lack of competent Executive leadership over the past four years, and about 70.3 million Americans essentially living “in a parallel universe” but still our fellow citizens and essential to our society, saving American democracy would be a daunting task for any leaders. Some would say “mission impossible.” But, I can’t think of anyone better suited than the Biden-Harris team to undertake that mission.

In a democracy, successful outcomes are never guaranteed. But, if our democracy turns out to be beyond reclamation, it almost certainly will be because “We the People” fail to give our new leaders the support they need and deserve.

As for Trump, ever the total boor and purveyor of hate, division, and lies, he sent a missive from his golf course saying that he wouldn’t concede and pledged to continue to pelt our already crumbling court system with yet more frivolous litigation. Thankfully, most news commentators chose to read only a few lines of his incoherent rant before returning to the real news surrounding Biden and Harris. How quickly even the most bombastic ones with the biggest egos become “yesterday’s news.”

So, unsurprisingly, Trump, who undoubtedly will go down as the worst, most corrupt, and least competent President in U.S. history, will exit with the same disturbing lack of class, honesty, and fundamental human decency that has characterized his four-year “nightmare reign.” Meanwhile, as he relaxes, pouts, and sulks on the links, the pandemic that he failed to take reasonable steps to address or control, and consistently and dishonestly tried to downplay, continues to rage unabated and ravish our nation.

One of the hardest hit areas: The Upper Midwest, particularly my native state of Wisconsin. That might explain why today Trump is playing golf and Joe Biden and Kamala Harris are sharing center stage! For a change, its nice to have folks who represent some of the most admirable human qualities that America has produced getting their time in the spotlight.

The good news: After 12:01 PM on January 20, 2021, the majority of us won’t care about the antisocial antics of the biggest loser of this election!

Civil rights lawyer and law prof, writing about the Midwest, the untold horrors of the justice system, and the ongoing battle between the law and humanity.

Better judges for a better America! 🇺🇸Not just a slogan; a requirement for our democracy to survive!

⚖️🗽🇺🇸Due Process Forever!

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Hey hey, ho ho, the EOIR Clown Show 🤡 has got to go!

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🇺🇸🗽⚖️👍😎COURTSIDE ELECTION SPECIAL: HARRIS, BIDEN, DEMOCRACY BIG WINNERS — THIS TIME AROUND, THE MAJORITY RULES, AS DEM DUO SWEEPS TO VICTORY IN BOTH POPULAR VOTE AND ELECTORAL COLLEGE!

By Paul Wickham Schmidt

Courtside Exclusive

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