18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

18 YEARS AFTER 09-11, THE “BAD GUYS” ARE WINNING THE BATTLE TO DESTROY AMERICAN JUSTICE & SPLIT THE COUNTRY! — Here’s The Disturbing Proof Of What Passes For “Justice” In America Today!

https://apple.news/ATepJTbYUSAaVGl8T7Cqh6Q

Maria Pitofsky
Maria Pitofsky
American Journalist

Marina Pitofsky reports in The Hill:

Immigration judge told 2-year-old to be quiet or a dog would ‘bite you’: report

An immigration judge reportedly threatened a Guatemalan child who was making some noise that a “very big dog” would “come out and bite you” if the undocumented immigrant did not quiet down, according to a report by Mother Jones.

The boy was in the courtroom with his mother for an immigration hearing in March 2016 when the threat happened, Mother Jones reported, citing testimony from an independent observer present at the court.

“I have a very big dog in my office, and if you don’t be quiet, he will come out and bite you,” Judge V. Stuart Couch reportedly told the child, according to an affidavit signed by Kathryn Coiner-Collier.

Coiner-Collier was a coordinator for a Charlotte, N.C.-area legal advocacy group that assisted migrants who could not afford attorneys.

 “Want me to go get the dog? If you don’t stop talking, I will bring the dog out. Do you want him to bite you?” the judge continued to tell the boy during the hearing, according to Mother Jones.

Couch later asked Coiner-Collier to carry the boy out of the courtroom and sit with him, she told Mother Jones.

The judge reportedly told Coiner-Collier that he had threatened other children but that it appeared not to be working with this particular child.

Coiner-Collier said she immediately wrote the affidavit after the case, and in a message to the mother’s attorney in 2017, she wrote “I have never lost my composure like I did that day. … I was … red in the face sobbing along with [the boy’s mother.]”

Coiner-Collier also accused Couch of turning off the courtroom’s recording device as he threatened the child, whom she described as being 2 years old even though the judge said he was 5.

The child and her mother appeared again in front of Couch in August 2017, but the case was eventually reassigned. The new judge denied their asylum claim, according to Mother Jones. They are appealing the case.

Couch and five other judges were promoted in August to the Justice Department’s Board of Immigration Appeals.

The Hill has reached out to the Justice Department’s Executive Office for Immigration Review for comment.

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https://apple.news/AnmnbegntRTqguvX-bYCn8g

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

Meanwhile, back at the ranch, NBC News/AP Reports:

Rollout of ‘soul crushing’ Trump immigration policy has ‘broken the courts’

On the day she was set to see a U.S. immigration judge in San Diego last month, Katia took every precaution.

After waiting two months in Mexico to press her case for U.S. asylum, the 20-year-old student from Nicaragua arrived at the border near Tijuana three hours before the critical hearing was scheduled to start at 7:30 a.m.

But border agents didn’t even escort her into the U.S. port of entry until after 9 a.m., she said, and then she was left stranded there with a group of more than a dozen other migrants who also missed their hearings.

“We kept asking what was going on, but they wouldn’t tell us anything,” said Katia, who asked to be identified by her first name only for fear of jeopardizing her immigration case.

Bashir Ghazialam, a lawyer paid for by Katia’s aunt in the United States, convinced the judge to reschedule her case because of the transportation snafu. Later, staff at the lawyer’s office learned that at least two families in the group were ordered deported for not showing up to court.

Since it started in January, the rollout of one of the most dramatic changes to U.S. immigration policy under the Trump administration has been marked by unpredictability and created chaos in immigration courts, according to dozens of interviews with judges and attorneys, former federal officials and migrants.

The program – known as the “Migrant Protection Protocols” (MPP) – has forced tens of thousands of people to wait in Mexico for U.S. court dates, swamping the dockets and leading to delays and confusion as judges and staff struggle to handle the influx of cases.

In June, a U.S. immigration official told a group of congressional staffers that the program had “broken the courts,” according to two participants and contemporaneous notes taken by one of them. The official said that the court in El Paso at that point was close to running out of space for paper files, according to the attendees, who requested anonymity because the meeting was confidential.

Theresa Cardinal Brown, a former Department of Homeland Security official under presidents Barack Obama and George W. Bush, said the problems are “symptomatic of a system that’s not coordinating well.”

“It’s a volume problem, it’s a planning problem, it’s a systems problem and it’s an operational problem on the ground,” said Brown, now a director at the Bipartisan Policy Center think tank. “They’re figuring everything out on the fly.”

U.S. Customs and Border Protection (CBP) estimated that 42,000 migrants had been sent to wait in Mexico through early September. That agency and the Executive Office for Immigration Review (EOIR), which runs the nation’s immigration courts, referred questions about the program’s implementation to the Department of Homeland Security (DHS), which did not respond to requests for comment.

Huge surge, few courts

The disarray is the result of a surge in migrants, most of them Central Americans, at the U.S. southern border, combined with the need for intricate legal and logistical arrangements for MPP proceedings in a limited number of courts – only in San Diego and El Paso, initially. Rather than being released into the United States to coordinate their own transportation and legal appearances, migrants in MPP must come and go across the border strictly under U.S. custody.

Some migrants have turned up in court only to find that their cases are not the system or that the information on them is wrong, several attorneys told Reuters. Others, like Katia, have received conflicting instructions.

According to court documents seen by Reuters, Katia’s notice to appear stated that her hearing was at 7:30 a.m., while another paper she received said she should arrive at the border at 9 a.m., well after her hearing was set to start. She decided to show up at the border before dawn, according to staff in her lawyer’s office. Still, she wasn’t allowed into the border facility until hours later. Ultimately she was never bussed to the San Diego court and was told her case was closed – a fate she was able to avoid only after frantically summoning her lawyer, Ghazialam, to the border.

Most migrants in MPP – including the two families who were deported from her group at the port of entry – do not have lawyers.

In open court, judges have raised concerns that migrants in Mexico – often with no permanent address – cannot be properly notified of their hearings. On many documents, the address listed is simply the city and state in Mexico to which the migrant has been returned.

Lawyers say they fear for the safety of their clients in high-crime border cities.

A Guatemalan father and daughter were being held by kidnappers in Ciudad Juarez at the time of their U.S. hearings in early July but were ordered deported because they didn’t show up to court, according to court documents filed by their lawyer, Bridget Cambria, who said she was able to get their case reopened.

Adding to uncertainty surrounding the program, the legality of MPP is being challenged by migrant advocates. An appellate court ruled here in May that the policy could continue during the legal battle, but if it is found ultimately to be unlawful, the fate of the thousands of migrants waiting in Mexico is unclear. A hearing on the merits of the case is set for next month.

‘Unrealistic’ numbers

When the MPP program was announced on December 20, then-Homeland Security Secretary Kirstjen Nielsen said one of its “anticipated benefits” would be cutting backlogs in immigration courts.

In the announcement, the agency said sending migrants to wait in Mexico would dissuade “fraudsters” from seeking asylum since they would no longer be released into the United States “where they often disappear” before their hearing dates.

But the immediate impact has been to further strain the immigration courts.

A Reuters analysis of immigration court data through Aug. 1 found judges hearing MPP cases in El Paso and San Diego were scheduled for an average of 32 cases per day between January and July this year. One judge was booked for 174 cases in one day.

“These numbers are unrealistic, and they are not sustainable on a long-term basis,” said Ashley Tabaddor, head of the national immigration judge’s union.

To reduce the backlog, DHS estimates the government would need to reassign more than 100 immigration judges from around the country to hear MPP cases via video conferencing systems, according to the attendees of the June meeting with congressional staff.

Kathryn Mattingly, a spokeswoman for EOIR, said that the rescheduling was necessary to deal with the substantial volume of recent cases.

All told, the courts are now struggling with more than 930,000 pending cases of all types, according to EOIR.

As of August 1, 39% of the backlog in the San Diego court and 44% of the backlog in the El Paso court was due to MPP case loads, Reuters analysis of immigration court data showed.

Despite concerns over the system’s capacity, the government is doubling down on the program.

In a July 26 notification to Congress, DHS said it would shift $155 million from disaster relief to expand facilities for MPP hearings, and would need $4.8 million more for transportation costs. DHS said that without the funding “MPP court docket backlogs will continue to grow.”

Tent courts are set to open this month in Laredo and Brownsville, Texas, and so far more than 4,600 cases have been scheduled there to be heard by 20 judges, according to court data.

In Laredo, 20 to 27 tent courtrooms will provide video conferencing equipment so judges not based at the border can hear cases remotely, said city spokesman Rafael Benavides.

Brownsville’s mayor Trey Mendez said last month that about 60 such courtrooms were likely to be opened, though he had few details. City manager Noel Bernal told Reuters that communication with the federal government about the plans has been “less than ideal.”

‘Desperate people’

At her next hearing in San Diego in mid-September, Katia hopes to tell a judge how her participation in student demonstrations made her a target of government supporters.

Meanwhile, she said, she is living with her parents and 10-year-old brother in a fly-infested apartment with broken plumbing outside Tijuana.

The whole group is seeking asylum because of their support for the protests, according to Katia, her mother Simona, her lawyers, as well as court documents.

Recently, family members said they witnessed a shootout on their corner and Katia’s brother is now waking up with night terrors.

“They are playing games with the needs of desperate people,” said Simona, 46, who like Katia requested the family’s last names be withheld to avoid harming their case. “It’s soul crushing.”

Follow NBC Latino on Facebook, Twitter and Instagram

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Of course, Judge Couch is already well-known for his bias and hostility toward asylum seekers, particularly abused women. Why else would he have been “promoted” to the position of “Appellate Immigration Judge” by “Billy the Sycophant” Barr? Obviously, the idea is to promote bias and “worst practices” as the “nationwide norm.”

And we never should forget the spineless ineptness and complicity of Congress and the Article III Courts who are watching this travesty unfold every day while essentially looking the other way. Guess that as long as it’s somebody else “in the woodshed” these dudes can “tune out” the screams of the dehumanized. But, chances are when it’s finally their rights (or the rights of someone they “care about”) at stake, there will be nothing left of our legal and Constitutional system to protect them. 

Indeed, the lawless and unconstitutional “Let ‘Em Die in Mexico Program” described here is largely the responsibility of the “above the fray” Judges of the Ninth Circuit Court of Appeals who have permitted this intentionally abusive and dehumanizing program to torment refugees and their representatives with impunity.

Disgustingly, these life-tenured judges and elected representatives are lining themselves up squarely with the forces of White Nationalism and overt racism, folks like Neo-Nazi Stephen Miller.

The judicial and Congressional complicity in the abuse and torment of the most vulnerable among us and their wanton disregard for the Constitution they swore to uphold will not go unnoticed by history. This, indeed, is how democracies die and the “bad guys of the world” win. 

PWS

09-11-19

MICA ROSENBERG, KRISTINA COOKE, & DANIEL TROTTA @ REUTERS: Highly Controversial “Under the Radar” Program Funded By US & Run By U.N. Agency Helps Duress Forced Migrants Into Returning To Countries Where They Might Be In Danger — “The court is a lie, they are not going to help us, it’s better if I go back to Honduras.”

Mica Rosenberg
Mica Rosenberg
Reporter, Reuters
Kristina Cooke
Kristina Cooke
Reporter, Reuters
Daniel Trotta
Daniel Trotta
Reporter, Reuters

https://widerimage.reuters.com/story/us-government-funds-free-rides-from-mexico-for-migrants

(Reuters) – More than 2,000 Central American migrants seeking to settle in the United States have given up and accepted free rides home under a 10-month-old program funded by the U.S. government and run by a United Nations agency, according to a U.N. official.

A migrant child stands inside a shelter in Tijuana, Mexico, July 20, 2019. REUTERS/Carlos Jasso

The “Assisted Voluntary Return” program has paid for buses or flights for 2,170 migrants who either never reached the United States or were detained after crossing the border and then sent to Mexico to await U.S. immigration hearings, according to Christopher Gascon, an official with the U.N.’s International Organization for Migration (IOM).

The $1.65 million program, funded by the U.S. State Department, is raising concerns among immigration advocates who say it could violate a principle under international law against returning asylum seekers to countries where they could face persecution.

The returned migrants have not been interviewed by U.S. asylum officers. But Gascon said his agency screens all participants to ensure they are not seeking U.S. asylum and want to go back.

Gascon, head of the IOM’s Mexico mission, said the program provides a safer and more humane means of return than the migrants could arrange on their own.

The effort here, whose scope and controversial aspects have not been previously reported, is the first by the State Department and UN to target Central American migrants in Mexico on such a large scale. The State Department would not comment on the record about its role.

Gascon said the State Department reached out to the IOM last year as caravans of thousands of Central American migrants traveled through Mexico toward the U.S. border.

U.S. President Donald Trump called the caravans an “invasion” and has made stemming immigration a centerpiece of his administration and 2020 re-election campaign.

Migrant advocates are particularly concerned about 347 people returned by the IOM who had been stuck in Mexico under a controversial Trump administration policy known as the Migrant Protection Protocols (MPP).

Under that policy, which began Jan. 29, some migrants who make it across the U.S.-Mexico border are given a notice to appear in U.S. immigration court, then are then turned back to Mexico to wait the months it can take for their court cases to be resolved. In the past seven months, more than 30,000 migrants have been sent back under MPP, according to U.S. Customs and Border Protection.

(For a graphic on the Migrant Protection Protocols, see reut.rs/2MszcsN)

Advocates say that the migrants often face danger and destitution in Mexican border towns, leaving them no good options.

“How can it be a voluntary decision (to return home) given the conditions they face in Mexico? It’s a choice between two hells,” said Nicolas Palazzo, an attorney with El Paso-based Las Americas Immigrant Advocacy Center.

Besides any danger they might face back home, there is another significant downside to leaving: If migrants do not show up for a U.S. court hearing, they can be ordered deported “in absentia,” reducing their odds of ever being granted refuge in the United States.

AFRAID TO GO, AFRAID TO STAY

Denia Carranza, a 24-year-old Honduran returned to Mexico to await a court hearing set for October, decided instead to board a bus back home last week.

She said she and her 7-year-old son had fled her hometown and a good job at a shrimp packing company after gang members threatened to kill her if she did not deal drugs to fellow employees. She had hoped to apply for U.S. asylum.

But she said she was frightened in Ciudad Juarez – a battleground for drug cartels where the bulk of migrants await their hearings. Also, she had no job and no way to provide for her son.

“I am scared of going back to Honduras. But I am more afraid to stay,” she said.

The U.S.-based nonprofit Human Rights First said it had documented more than 100 violent incidents perpetrated against migrants waiting in Mexico for U.S. court hearings this year, including rape, kidnapping, robbery, assault and police extortion.

The IOM documented 247 deaths of migrants near the US-Mexico border this year through Aug. 15.

In a July 30 letter to the IOM’s Director General, 30 U.S. and international advocacy organizations said they feared the U.N. organization was returning migrants to countries they had fled “out of desperation, not choice, and where they may not fully understand the consequences of failing to appear whenever summoned by a U.S. immigration court.”

There is no way of knowing how many of the migrants who opt to go home with IOM help might have been able to present a successful asylum claim. U.S. courts ultimately deny most such claims brought by Central Americans and the Trump administration has said many are fraudulent.

Migrants who are sent to Mexico under MPP may or may not be seeking U.S. asylum, but they generally have no opportunity to initiate such claims before being sent back across the border. The policy cuts out a traditional asylum screening step in which migrants are interviewed to establish whether they have a “credible fear” of returning home.

Slideshow (35 Images)

SEEING ‘REALITY’

When the U.S. State Department approached IOM last fall, Gascon said, part of the goal was to counter what is saw as misinformation about how easy it was to get into the United States.

IOM set up kiosks at a stadium in Mexico City, which was along the caravan route, and on the U.S.-Mexico border. It also helped spread the word about free rides back in migrant shelters.

“When they saw the reality, some decided to go home,” he said of migrants.

Three quarters of the migrants in the voluntary return program went back to Honduras, a fifth to El Salvador and the rest to Guatemala and Nicaragua, according to IOM figures through July 26 of this year. More than half were “family units” and about 100 were unaccompanied minors. Most of the migrants have been sent back from Mexico, and a small fraction from Guatemala.

The IOM screens all migrants who ask to go home, but those awaiting U.S. hearings in Mexico also undergo an orientation program with Grupo Beta, an arm of Mexico’s National Migration Institute, to ensure migrants understand their options, Gascon said.

So far, Gascon said, two people awaiting U.S. court hearings in Mexico who wanted a ride back were instead referred to the Mexican government to gauge their eligibility for asylum in Mexico.

But advocates said they worried that Grupo Beta is not the best partner for IOM to ensure migrants’ safety.

“Many organizations have documented time and again that Mexican migration officials don’t refer people to (the national refugee office), they don’t register fears of return, and they have even pressured people to withdraw (asylum) claims,” said Kennji Kizuka, a researcher at the nonprofit Human Rights First.

Mexican migration officials did not respond to a request for comment.

More than a dozen migrants awaiting U.S. hearings at the Casa de Migrante shelter in Ciudad Juarez told Reuters the weekly south-bound bus rides held some appeal. Though reluctant to give up on their American dreams, many didn’t have lawyers and saw little prospect for success.

“All that effort we made to get here from Honduras and now we’re going back,” said Angel Estrada, who had hoped to get care in the United States for his 9-year-old son, who has hemophilia. “It’s really sad.”

PHOTO ESSAY: U.S. buys tickets home for Central American migrants – reut.rs/2ZeyOoV

Reporting by Daniel Trotta in Ciudad Juarez, Kristina Cooke in San Francisco and Mica Rosenberg New York; Additional reporting by Julia Love in Ciudad Juarez, Lizbeth Diaz in Tijuana and Stephanie Nebehay in Geneva; Editing by Julie Marquis and Brian Thevenot

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Someday, the full tawdry story will be told of how our rich and powerful nation turned its back on vulnerable forced migrants whose countries we helped destroy.  And, the anti-Latino racism throughout our Central American policies will be fully exposed.
Until then, thanks to Mica and her colleagues, we are learning about highly questionable programs and expenditures that our Government has tried to hide from public view.
PWS
08-21-19