EXPOSING THE REAL ASYLUM FRAUD: The Administration’s Knowingly False Narratives About Central American Asylum Seekers & The Way DOJ & EOIR Have Intentionally Distorted The Law & The Process To Deny Asylum To Real Refugees! — “The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.”

https://www.huffingtonpost.com/entry/opinion-migrant-caravan-trump-central-america-trauma_us_5be31bc6e4b0769d24c8353d

Stephanie Carnes writes in HuffPost:

UPDATE: On Friday, President Trump signed a presidential proclamation denying asylum for immigrants who request it after crossing the border illegally rather than at a port of entry.

In a pre-midterms television ad deemed too racist for CNN, NBC and even Fox News, the White House described members of the large group of Central American migrants making their way through Mexico as “dangerous illegal criminals.” Ominous music played in the background of the ad as images of a convicted Mexican criminal were spliced with footage of the caravan.

This description was inaccurate, not to mention illogical ― aren’t hardened criminals and narco-traffickers wily enough to avoid such an arduous and physically taxing journey, and one that has captured such public attention and scrutiny?

The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.

The truth about these migrants comes down to the most basic of human needs: survival. Those who have joined the caravan have done so because their reality is simple. In the Northern Triangle countries of El Salvador, Guatemala and Honduras, where violence is endemic and justice is illusory, it’s a question of life or death.

Trump, in his roiling pre-midterm elections hate-speech tour, painted the caravan as an “invasion,” even though it’s a common occurrence that hasn’t disrupted the peace before. Traveling in a large group is far safer than traveling alone, with a human smuggler or in a small group, and migrant advocacy groups have organized large caravans for at least a decade. But beyond the president and his party’s racist rhetoric, there’s a broad assumption that such an influx of immigrants will both threaten American values and weigh heavily on the American taxpayer.

Like previous waves of immigrants, this group of new arrivals may need help to acclimate to this complex country of ours. Some will need medical care, thanks to years of living in countries with limited medical infrastructure. Others will need counseling to heal from layers of traumatic experiences against the backdrop of horrible violence ― which, lest we forget, the United States played a significant role in creating.

But they won’t need much. If I’ve learned one thing during my tenure as a trauma-focused clinician, it is this: Central American immigrants are resilient. They are driven and strong. They persevere. Despite the staggering hardships and suffering they have endured, they are defined by their ability to seguir adelante” ― to move forward.

It’s a phrase that I’ve heard hundreds of times ― perhaps thousands ― in my therapy office. Nearly all my young clients have voiced their desire to “seguir adelante.” The 17-year-old boy who witnessed his father’s murder, finding himself alone and in grave danger; the 15-year-old girl who was kidnapped by the Zetas cartel in Mexico and held for ransom for weeks; the 18-year-old boy who served as a lookout for the MS-13 gang in exchange for his sister’s life before fleeing his country.

Tengo que seguir adelante,” they tell me. I must continue moving forward.

The 13-year-old indigenous child who recounted months of eating “grass soup” when tortillas became too expensive. The 16-year-old who mourns the loss of her brothers ― all three of them, murdered while crossing gang-controlled territory. The 20-year-old working through the night at a bakery, then coming to school filled with energy and endless questions about the workings of American bicameral government.

Tengo que seguir adelante.

While their experiences are varied and diverse, my clients have two things in common. They have been exposed to multiple horrifying traumatic events, and they have an indefatigable desire to heal, grow stronger and move forward.

Trauma is never a desirable experience, or a deserved one. Many Central Americans have seen, experienced and survived more suffering and loss than any human should be asked to bear. But part of the “seguir adelante” mentality is the idea of being a metaphorical phoenix. Instead of allowing repeated traumatic events to crush them, many of the Central American clients with whom I work rise again as stronger, more resilient versions of themselves. While they may suffer from trauma-related symptoms like flashbacks, many are simultaneously able to devote their energy to finding a new sense of purpose in ways that I have not observed as universally in my work with American-born clients.

This phenomenon is illustrative of the positive psychology concept of post-traumatic growth, which posits that those who are exposed to trauma discover or develop new capabilities: closer social and familial bonds, increased resilience, stronger motivation and deepened spirituality.

So if the resilience of the “adelante” mentality drives these immigrants forward in spirit, what compels them to move forward physically? Perhaps they were unable to pay last month’s “impuestos de guerra,” or war taxes, to the local gang as rent for their space in the market. Maybe they refused to join the controlling gang in their neighborhood, despite the near-certainty of death if they stayed. Instead of remaining in Guatemala City, or Santa Tecla, or Tegucigalpa, they wagered it all, picked up and left.

They leave behind their families, their friends, their rich cultures, their language, their homeland. They understand the risks of the journey. They have heard the horror stories of kidnapping, rape, extortion and abandonment in the desert. Despite all this, they have decided to “seguir adelante,” fueled by hope for a brighter, safer future, to be achieved through hard work, determination and unwavering courage. Don’t those values sound reminiscent of those upon which our patchwork nation was founded?  

In the end, all the migrant caravan really wants is to move forward. And as a democratic country founded on ideals of egalitarianism, isn’t it time for us to move forward, too?

Stephanie L. Carnes is a bilingual licensed clinical social worker at a large public high school in New York’s Hudson Valley. She was previously a clinician in a federally funded shelter program. She specializes in trauma treatment with Central American immigrant students and culturally competent mental health care.

The real scandal here is that although the vast majority of arrivals pass “credible fear” screening, so few them ever receive asylum. That strongly suggests that there are real problems in the “intentionally overly restrictive unduly legalistic” approach and the often dishonest ways that “in absentia orders” are used at EOIR. A better approach would probably be to allow those who have already been determined by the Asylum Office to have a “credible fear” present their initial asylum applications to those offices, rather than being forced immediately into the Immigration Courts, particularly given the current court backlogs.
The system has become far too restrictive and legalistic. Nobody has any realistic chance of winning a case without a lawyer. But, under Trump and Sessions, EOIR has abandoned efforts to insure that individuals are given reasonable access to pro bono lawyers before their cases are heard on the merits. Indeed, Sessions conducted a remarkably unethical, inappropriate, false, and vicious campaign against lawyers — right now about the only folks actually trying to make the system work and insure that our Constitution is complied with.
Of course, not every migrant from the Northern Triangle is a refugee as our law defines that term. But, we should recognize that almost all of them are decent people with good reasons for coming, even when those reasons don’t fit within our legal system. Even when they are not entitled to protection or to remain here, they deserve to be treated humanely, fairly, respectfully, and impartially, and have a full opportunity to present their claims.
The intentional demonization and dehumanization of asylum applicants, advanced by immoral and unethical folks like Trump, Sessions, Miller, and Nielsen, has now been picked up by lower level bureaucrats, who are spreading lies, promoting knowingly false narratives, and generally “taking a dive” to preserve their jobs (or, in a few cases, to gratify their own biases which match those of the Trump Administration.)
If we don’t figure out a way to stop their assault on humanity and human decency, eventually all of us will be splattered with the slime that is the Trump Administration’s approach to immigration! History will not judge us kindly for our subservience to evil.
PWS
11-10-18

GONZO’S WORLD: Racist AG Takes Parting Shot At Civil Rights, African-Americans, People Of Color, & DOJ Career Lawyers

https://www.nytimes.com/2018/11/08/us/politics/sessions-limits-consent-decrees.html?action=click&module=Top%20Stories&pgtype=Homepage

Katie Benner reports for the NY Times:

WASHINGTON — Former Attorney General Jeff Sessions has drastically limited the ability of federal law enforcement officials to use court-enforced agreements to overhaul local police departments accused of abuses and civil rights violations, the Justice Department announced on Thursday.

In a major last-minute act, Mr. Sessions signed a memorandum on Wednesday before President Trump fired him sharply curtailing the use of so-called consent decrees, court-approved deals between the Justice Department and local governments that create a road map of changes for law enforcement and other institutions.

The move means that the decrees, used aggressively by Obama-era Justice Department officials to fight police abuses, will be more difficult to enact. Mr. Sessions had signaled he would pull back on their use soon after he took office when he ordered a review of the existing agreements, including with police departments in Baltimore, Chicago and Ferguson, Mo., enacted amid a national outcry over the deaths of black men at the hands of officers.

Mr. Sessions imposed three stringent requirements for the agreements. Top political appointees must sign off on the deals, rather than the career lawyers who have done so in the past; department lawyers must lay out evidence of additional violations beyond unconstitutional behavior; and the deals must have a sunset date, rather than being in place until police or other law enforcement agencies have shown improvement.

The document reflected Mr. Sessions’s staunch support for law enforcement and his belief that overzealous civil rights lawyers under the Obama administration vilified the local police. The federal government has long conducted oversight of local law enforcement agencies, and consent decrees have fallen in and out of favor since the first one was adopted in Pittsburgh more than two decades ago. The new guidelines push more of that responsibility onto state attorneys general and other local agencies.

Mr. Sessions conceded in his memo that consent decrees are sometimes the only way to ensure that government agencies follow the law. But he argued that changes were necessary because agreements that impose long-term, wide-ranging obligations on local governments could violate their sovereignty.

By setting a higher bar for the deals, Mr. Sessions limited a tool that the Justice Department has used to help change policing practices nationwide.

Mr. Sessions’s new guidelines make it nearly impossible for rank-and-file Justice Department lawyers to use the agreements, warned Jonathan M. Smith, a former official in the department’s civil rights division and the executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

“This memo will make the Justice Department much less effective in enforcing civil rights laws,” Mr. Smith said.

A Justice Department spokeswoman declined to comment beyond the memo.

A consent decree is a type of injunction that allows federal courts to enforce an agreement negotiated between two parties — say, the Justice Department and a local police department — to address a violation of the law. The department started enforcing them during the Clinton administration, after a statute was enacted in 1994 allowing the attorney general to use court agreements to remedy systemic, unconstitutional behavior.

The agreements gained a higher profile as the Obama administration entered into 14 of them as part of its efforts to improve relationships between the police and their communities. They became even more prominent after the killings of black men at the hands of the police captured headlines and set off the Black Lives Matter movement.

In March 2017, a month after he took office, Mr. Sessions ordered a review of the use of consent decrees to ensure that they “advance the safety and protection of the public.” He said that the pacts should also ensure that the police are safe and respected and that they should not interfere with recruiting efforts by the local police.

Mr. Sessions, who has long championed local sheriffs and police officers, maintained that the agreements “reduce morale” among police officers and lead to more violent crime. Academics and researchers have contested his assertions about the links between consent decrees and crime rates.

Under Mr. Sessions, the department also dropped Obama-era investigations into the police in Chicago and Louisiana.

Last month, Mr. Sessions opposed a consent decree between the Chicago Police Department and the Illinois attorney general enacted after a Justice Department report unveiled in the final days of the Obama administration found rampant use of excessive force aimed at black and Latino people. Under Mr. Sessions, the Justice Department said the deal placed too many restrictions on Chicago’s police superintendent.

“When Jeff Sessions intervened in the locally negotiated consent decree in Chicago, it belied the love of federalism that he professes and uses to justify this effort to effectively end the use of consent decrees,” said Vanita Gupta, the chief executive of the Leadership Conference on Civil and Human Rights and the former head of the Justice Department’s civil rights division.

The agreements enacted after high-profile police killings in recent years would likely not exist if Mr. Sessions’s restrictions had been in place.

“The need for consent decrees and the oversight they guarantee,” she said, “has not disappeared.”

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

Ah, “Courtsiders,” you might have thought that my regular “Gonzo’s World” feature column would disappear with the eagerly awaited departure of Jeff “Gonzo Apocalypto” Sessions from the office he never should have held in the first place. But, alas, as other commenters and I have said on numerous occasions, the pernicious influence of, and damage to nation and our Constitution by, Gonzo in less than two years in office will remain with us for years, if not decades to come!

Between Gonzo and Trump, the reputation and role of the DOJ as a credible organization and fair and unbiased protector of citizens’ and residents’ Constitutional and legal rights has been totally trashed; rebuilding it might prove to be “mission impossible.” After all, the true damage can’t even be objectively assessed until we get “regime change.”

Indeed, it might be time to think about a totally different structure and safeguards for “America’s Law Department” — certainly, removal of the U.S. Immigration Courts from this disastrous mix of improper influence, incompetence, and unethical behavior has to be “Priority I” if and when we return to a system of responsible government.

With respect to Katie’s report, pretty sleazy move by a really sleazy guy. But, “Black Lives” and the lives of immigrants and other folks of color have never mattered much to Sessions and his White Nationalist Nation.

He claims he might run for Senate again in Alabama. Having gotten this morally corrupt and incompetent individual off the public dole, it’s important to America’s future to pull out all the stops to insure that he remains “retired” from public office.

Fox News deserves him. I doubt he actually knows any law; certainly many Federal Judges have expressed skepticism about that. But, reading off the “cue cards” and false narratives that various White Nationalist groups have prepared for him ought to keep the “Trump crazies” happy and well fed.

Sure, Whitaker is a totally unqualified and unprincipled “acting successor.” But nobody except committed White Supremacists should mourn the departure of Sessions.

One of many, many horrible things about Trump is that when he inevitably turns on his former loyalists, he is so vicious and demeaning that he actually creates undeserved sympathy for these clowns. Nobody was forced to become a Trump supporter. They all went into it with open eyes. And, Trump’s lack of character, loyalty, manners, ethics, and human decency have always been on public display.

The folks we really should feel sorry for is African-Americans, Latinos, Muslims, Jews, Asian Americans, immigrants, the LGBTQ community, refugees, children, journalists, civil servants, civil rights and immigration lawyers, judges, state and local officials, career diplomats, and all of the other many groups of Americans that Sessions, Trump, and their White Nationalist cronies have abused. The stain of Gonzo’s tenure will not be easily or quickly erased.

PWS

11-09-18

 

CONGRATS: Kansas Removes Racist Grifter Kris Kobach From State-Funded Welfare Rolls, Ending Years Of Abuse Of Public Funds!

https://slate.com/news-and-politics/2018/11/kris-kobach-loses-kansas-governors-race.html

Mark Joseph Stern write in Slate:

THE SLATEST

Notorious Vote Thief and Incompetent Gubernatorial Candidate Kris Kobach Loses in Kansas

By

Failed Republican gubernatorial candidate Kris Kobach speaks at a rally with President Donald Trump in Topeka, Kansas.
Scott Olson/Getty Images

The nation’s most notorious vote thief has gone down in flames.

On Tuesday night, Kansas Republican Secretary of State Kris Kobach lostthe governor’s race to Democrat Laura Kelly. Kobach built his career on voter suppression, whipping up nativist fervor by claiming that a large number of noncitizens are casting ballots. (They aren’t.) He led Donald Trump’s failed voter-fraud commission, then eked out a victory in the Republican gubernatorial primary against current GOP Gov. Jeff Colyer. But even in deep-red Kansas, voters appear to have rebelled against his brand of paranoid, xenophobic conservatism.

Although Kobach built up a national profile as a formidable politician, he is, in fact, deeply incompetent. He spent years promoting Crosscheck, a program that ostensibly detected double voting but actually had an error rate of 99.5 percent. He pushed a law that compelled Kansans to provide proof of citizenship in order to register to vote, then defended it himself at trial—at which point it became clear that he doesn’t understand basic rules of civil procedure. A federal judge repeatedly reprimanded him during the hearings, then ruled against him and held him in contempt of court.

As Kobach struggled to defend his signature law, he led Trump’s voter-fraud commission right off a cliff. His own co-commissioners openly criticized him for lying about the existence of fraud. One sued him for concealing key documents from him; after a federal judge demanded that Kobach turn over the documents, he disbanded the commission instead. To save face, Kobach claimed he would take his work to the Department of Homeland Security—a claim that the DHS swiftly rebuked.

Then there was the 2018 Republican primary in Kansas. From an administrative standpoint, the election was an absolute disaster. Officials failed to predict major turnout, leading to endless lines and delays. A number of new voting machines, on which the state spent millions of dollars, also failed. The blame fell upon Kobach, who spent his tenure as secretary of state pursuing phantom voter fraud instead of doing his job and ensuring that elections ran smoothly.

Now Kobach has faced the biggest humiliation of them all: He lost to a Democrat, in Kansas. All his voter suppression schemes—his proof-of-citizenship measure, his poll closures—could not pull him over the finish line. Kobach alienated much of the Republican establishment during his brawl with Colyer, and his flagrant maladministration of the voter fraud commission seems to have hurt his relationship with Trump. There is simply no clear path forward for his political career after Tuesday’s defeat. Kobach has always been a loser. Now he is a loser out of a job.

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

For years, Kobach has been misusing his (largely ministerial) position as Kansas’s Secretary of State as a cover for his nationwide effort to implement a bogus White Nationalist agenda that encourages voter suppression and invidious discrimination against Latinos and other individuals of color in various states and localities.

Judges throughout the country have largely slammed his efforts, leaving taxpayers holding the bag with huge legal bills. As noted by Stern, Kobach, a congenital liar who operates in an “ethics free zone,” has been held in contempt of court. Also as noted by Stern, he has royally screwed up his minor, yet potentially significant, job as Kansas Secretary of State.  That’s the kind of  “expertise” and “leadership” that has spawned the Trump-Sessions racist White Nationalist takeover of the GOP.

Thanks and congratulations to Kansas voters for having the wisdom and decency to “just say no” to this toxic dude, and force him to go out an earn an honest living. Something for which to date he has shown little aptitude. All goes to show that a Yale Law Degree isn’t proof against being a biased incompetent idiot.

PWS

11-09-18

ELISE FOLEY @ HUFFPOST – Finally, There Will Be Some Meaningful Oversight Of Trump’s Racist, Xenophobic Immigration Policies! – It Won’t Stop, But Could Slow, The “Race To The Bottom!”

https://www.huffingtonpost.com/entry/democrats-house-immigration_us_5be2ec2fe4b0e84388924c3d

Elise writes:

The new Democratic majority in the House of Representatives can’t force President Donald Trump to abandon his efforts to crack down on asylum-seekers, migrant families and immigrants already living in the U.S. But it can make it harder for him to enact his agenda.

Whether through oversight, withholding funds or passing pro-immigrant bills and daring the Republican-controlled Senate and the president to shoot them down, Democrats now have leverage on immigration.

Republicans, of course, will still control the Senate after Tuesday’s midterms, and Trump will still be in the White House, where he has already cracked down on undocumented immigrants without congressional help.

Still, there were glimmers of hope around the country. Oregon voters rejected a ballot measure that would have ended the state’s “sanctuary” policies. Kansas gubernatorial candidate Kris Kobach, a Republican who has spent years pushing hard-line immigration policies around the country, lost. So did Pennsylvania U.S. Senate candidate Lou Barletta, who enacted an anti-immigrant policy years before as a mayor and recently defended separating families at the border. Several other Republicans who campaigned on immigration crackdowns lost too, which immigrant rights advocates held up as proof that Trump’s fear-based campaigning wasn’t the guaranteed winner he seemed to think it was.

And now that Democrats have taken control of the House, they can serve as a check on Trump’s immigration efforts.

Democrats are expected to launch investigations and conduct oversight on a number of Trump actions and policies ― something Republicans have so far declined to do. And immigrant rights groups will be pressing them to do so.

Tyler Moran, managing director of progressive group The Immigration Hub and a former Senate and White House staffer, pointed out several areas ripe for oversight. Those include the Trump administration’s family separations at the border, its deportation tactics, and its decision to end the Deferred Action for Childhood Arrivals program for young undocumented immigrants and temporary protected status for certain nationalities of immigrants whose home countries suffered natural disasters or violence.

 Many of Trump’s immigration policies also require significant funding increases ― something a Democratic House is likely to fight. The Democrats have already vowed not to fund Trump’s wall along the southern border. Trump is expected to push for wall funding during the lame duck session while Republicans maintain control of both chambers, and has suggested a government shutdown in December if he doesn’t get what he wants.

House Minority Leader Nancy Pelosi (D-Calif.) told The Wall Street Journal ahead of the election that if Democrats should win a majority on Tuesday, they’d have more leverage to block wall spending even before they officially take over.

“Why would we compromise on the wall now?” she said.

Current House Minority Leader Nancy Pelosi (D-Calif.) has pushed for more protections for undocumented immigrants.

BLOOMBERG
Current House Minority Leader Nancy Pelosi (D-Calif.) has pushed for more protections for undocumented immigrants.

Democrats are also likely to push legislation that protects undocumented immigrants, particularly young immigrants, which could increase public pressure for Senate Republicans and Trump to back it.

Trump ended the Deferred Action for Childhood Arrivals program, or DACA, last year, but so far has been forced to keep it running by court orders that he is continuing to fight. Although Republicans opposed DACA, some have voiced support for some type of legislative measure that would keep its recipients ― so-called Dreamers who have lived in the U.S. since childhood ― from being deported.

But so far, Republicans haven’t actually supported measures that would do so, at least without simultaneously aiming to restrict legal immigration and ramp up deportation efforts.

Immigrant rights groups want a “clean” bill for Dreamers, called the Dream Act, that doesn’t include other measures. Democrats are expected to push for it, but past stalemates are likely to continue. More likely, Democrats could make a deal to protect Dreamers while also giving Trump something he wants, but not the whole spate of anti-immigrant measures Republicans tried, and failed, to pass earlier this year.

While Democrats gaining the majority was a good thing for supporters of immigrant rights, it required knocking out some moderate Republicans who could previously be claimed as allies on bipartisan legislation. Rep. Carlos Curbelo (R-Fla.), who unsuccessfully pushed for protections for undocumented young people, lost to a Democrat. So did Rep. Mike Coffman (R-Colo.), another Republican who called for legal status for Dreamers, although he spoke in more hawkish terms at an August fundraiser.

The defeat of bipartisan backers may be more of a symbolic loss than a substantive one. The Democrats who will take their place are likely to be even more reliable supporters of immigration reform.

Leading immigrant rights advocates, including Frank Sharry of America’s Voice, cheered Coffman’s defeat.

Even with the departure of the truly terrible Jeff Sessions, the situation is likely to remain grim. Trump’s dreams of legislation slashing legal immigration and eliminating the right to apply for asylum are DOA. Also, he’s not likely to get funding for expanding the New American Gulag, “the wall,” harassing Dreamers, or expanding already bloated, ineffective, and inhumane ICE civil enforcement. Oversight might even result in some accountability for human rights abusers like Nielsen.
But, as he has already shown, there is plenty of damage that Trump can do to the Constitution, human rights, the legal system, and our national values in the area of immigration “administratively.” It’s likely that he’ll look for a total sycophant in the Mike Pence mold for Attorney General. With the Senate firmly in GOP hands, there will be nobody to stop even more unqualified appointments. However, House oversight and budget control might be able to slow the pace of the abuses or at least make a public record for history and future action.
PWS
11-06-18

 

 

 

MARK JOSEPH STERN @ SLATE: GONZO’S GONE! — Bigoted, Xenophobic AG Leaves Behind Disgraceful Record Of Intentional Cruelty, Vengeance, Hate, Lawlessness, & Incompetence That Will Haunt America For Many Years!

https://slate.com/news-and-politics/2018/11/jeff-sessions-donald-trump-resign-disgrace.html

Stern writes:

Attorney General Jeff Sessions resigned on Wednesday at the request of Donald Trump. He served a little less than two years as the head of the Department of Justice. During that time, Sessions used his immense power to make America a crueler, more brutal place. He was one of the most sadistic and unscrupulous attorneys general in American history.

At the Department of Justice, Sessions enforced the law in a manner that harmed racial minorities, immigrants, and LGBTQ people. He rolled backObama-era drug sentencing reforms in an effort to keep nonviolent offenders locked away for longer. He reversed a policy that limited the DOJ’s use of private prisons. He undermined consent decrees with law enforcement agencies that had a history of misconduct and killed a program that helped local agencies bring their policing in line with constitutional requirements. And he lobbied against bipartisan sentencing reform, falsely claiming that such legislation would benefit “a highly dangerous cohort of criminals.”

Meanwhile, Sessions mobilized the DOJ’s attorneys to torture immigrant minors in other ways. He fought in court to keep undocumented teenagers pregnant against their will, defending the Trump administration’s decision to block their access to abortion. His Justice Department made the astonishing claim that the federal government could decide that forced birth was in the “best interest” of children. It also revealed these minors’ pregnancies to family members who threatened to abuse them. And when the American Civil Liberties Union defeated this position in court, his DOJ launched a failed legal assault on individual ACLU lawyers for daring to defend their clients.

The guiding principle of Sessions’ career is animus toward people who are unlike him. While serving in the Senate, he voted against the reauthorization of the Violence Against Women Act because it expressly protected LGBTQ women. He opposed immigration reform, including relief for young people brought to America by their parents as children. He voted against the repeal of Don’t Ask, Don’t Tell. He voted against a federal hate crime bill protecting gay people. Before that, as Alabama attorney general, he tried to prevent LGBTQ students from meeting at a public university. But as U.S. attorney general, he positioned himself as an impassioned defender of campus free speech.

While Sessions doesn’t identify as a white nationalist, his agenda as attorney general abetted the cause of white nationalism. His policies were designed to make the country more white by keeping out Hispanics and locking up blacks. His tenure will remain a permanent stain on the Department of Justice. Thousands of people were brutalized by his bigotry, and our country will not soon recover from the malice he unleashed.

His successor could be even worse.

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

Can’t overstate the intentional damage that this immoral, intellectually dishonest, and bigoted man has done to millions of human lives and the moral and legal fabric of our country. “The Father of the New American Gulag,” America’s most notorious unpunished child abuser, and the destroyer of Due Process in our U.S. Immigration Courts are among a few of his many unsavory legacies!

The scary thing: Stern is right — “His successor could be even worse.”  If so, the survival of our Constitution and our nation will be at risk!

PWS

11-06-18

BLOOMBERG REPORT: AS ONE PARTY RULE ENDS, BOTH SEE WAY FORWARD TO 2020 — For Dems, It’s Stay “On Message,” Hang On To Wisconsin, Pennsylvania, & Michigan, And Find A Dynamic National Leader To Carry The Message & Joust With Trump – For Trumpists, It’s Continue Leveraging An Election System That Largely Favors White Rural Areas, While Throwing “Red Meat” At Base Apparently Immune To Truth, Facts, Human Decency, & The Well-Being Of Their Fellow Americans!

https://apple.news/Af-KXd7j1QPCSp0T28lnpdg

Craig Gordon & Alex Wayne report for Bloomberg:

Vengeful Democrats vs. Angry Trump: A Post-Election Guide to DC

Both sides can find something to cheer in Tuesday’s election results. Democrats won the House and the rebuke of President Donald Trump they so desperately wanted, even as they fell short of a “blue wave.” Trump can rightfully say his last-minute barnstorming helped protect the Republican Senate majority.

The president has gamely declared it a good night. In reality, Trump’s presidency and his path to re-election grew more difficult after Tuesday.

Explore state-by-state election results with Bloomberg’s interactive map of the 2018 U.S. midterms.

The results reaffirmed the notion of a 50-50 America, and that’s now reflected in a Democratic House and Republican Senate. Here’s what to expect from divided government in Washington:

1. Trump’s re-election bid starts today, but it took a blow

The three Rust Belt states that propelled him to the presidency — Wisconsin, Pennsylvania and Michigan — all elected Democratic governors and senators. If Democrats can hold those 46 Electoral College votes along with the states that Hillary Clinton carried in 2016, they’ll win the presidency two years from now.

Suburbanites and women showed Democrats a path back to the White House: run sensible candidates who talk kitchen-table issues like health care.

Trump’s signature legislative win — the tax cut — barely registered with voters, and a split Congress means few fresh achievements to run on.

Trump has a lot to lose if the economy goes downhill at some point before the next election. Some economists are already raising the possibility of a recession by 2020.

And Trump could be running under a cloud: His team seems ill-prepared for the cyclone of investigations and subpoenas headed his way, and whatever Special Counsel Robert Mueller has in store.

2. But Trump’s night had a silver lining

He showed his Trump mega-rallies still have potency in rural, Southern and Western states. His rallies boosted Republican Senate candidates in North Dakota, Indiana, Missouri and Texas.

Republicans picked up governorships in the two most important states in a presidential contest: Florida and Ohio. Trump gets some of the credit for those wins, showing he can run hard in those states in 2020.

Trump did little or nothing to expand his base, but by keeping the Senate, he showed his supporters are still there and willing to follow him.

3. Conservatives have reason to stick with Trump: Judges

Conservatives dream of stocking the federal bench for a generation, including the Supreme Court. A bigger majority means fewer nail-biters on nominations as the caucus waits on a single GOP senator like Susan Collins or Lisa Murkowski for the deciding vote.

Other Senate confirmations get easier, too. That will come in handy for the expected post-election house-cleaning. Replacing Attorney General Jeff Sessions or Interior Secretary Ryan Zinke, two of his most endangered Cabinet members, may not be as fraught.

4. Embattled Trump aides will head for the exits

The question is when, not if, the president gets rid of Sessions. And Homeland Security Secretary Kirstjen Nielsen, never a Trump favorite, could take the fall for a failure to stop the flow of migrants across the Southern border. Trump has also had to fend off questions about the possible departure of Defense Secretary James Mattis.

Resignations will happen at the White House, but they’ll more likely be the result of exhaustion among Trump’s staff than a presidential shake-up.

5. House Democrats will push a broad anti-Trump agenda

Now dead: The GOP Tax Cut 2.0, along with any further attempt to repeal Obamacare.

Now very much alive: the subpoena machine that will torment Trump, on Russia, his businesses, his 2016 campaign, his decision to send troops to stop the migrant “caravan” and maybe even a bid to see his tax returns.

First order of business: H.R. 1, a sprawling good-government bill on voting rights, ethics and campaign finance. Then onto shoring up Obamacare and negotiating cheaper drug prices for Medicare.

6. Nancy Pelosi will be back as House speaker . . .

But she’ll have a hard time taming fellow Democrats.

A top Pelosi priority will be keeping a lid on investigation overreach and overheated impeachment talk, which some of her more liberal members may want to indulge — but which could backfire with many Americans, including Democrats.

7. 2018 was the Year of the Woman — not just symbolically

About 100 women were elected to Congress, the most in history.

That included the first two Muslim women — Rashida Tlaib and Ilhan Omar, who’s also the first Somali-American woman in Congress. Ayanna Pressley will be the first black woman elected to Congress from Massachusetts, and Republican Marsha Blackburn will be the first woman Tennessee has elected to the Senate.

Women with national-security expertise flipped several GOP-held districts for Democrats. In New Jersey, former Navy pilot Mikie Sherrill defeated Republican Jay Webber. Outside Richmond, Virginia, former CIA agent Abigail Spanberger defeated one of the most conservative members of the House, Representative Dave Brat. And in Norfolk, Virginia, retired Navy officer Elaine Luria defeated incumbent Republican Scott Taylor, a former Navy SEAL.

8. Keep an eye on. . .

One big winner: Democratic Senator Sherrod Brown of Ohio, who’s an odd mix: a progressive populist who supported Trump’s effort to renegotiate the Nafta deal. He could teach his party how to win on the trade issue.

One big loser: Beto O’Rourke, who lost to Republican Texas Senator Ted Cruz. A Democratic voter favorite, O’Rourke may run for president in 2020, even in defeat.

The would-be governors: Andrew Gillum had Democrats thinking they could win Florida, but he fell short to Trump favorite Ron DeSantis. Georgia Democratic gubernatorial candidate Stacey Abrams isn’t conceding in her race against Republican Brian Kemp. Both Gillum and Abrams sought to be the first African-American governors in their states.

Republican up-and-comers include Josh Hawley, 38, who defeated incumbent Senator Claire McCaskill in Missouri, and South Dakota’s Kristi Noem, who becomes the state’s first female governor.

9. Stymied at home, Trump will likely look abroad

The president has a lot of latitude to act alone on foreign policy. He’s heading into a busy foreign policy period, with trips to France this weekend and the Group of 20 summit in Argentina at the end of the month, when he expects to meet with Chinese President Xi Jinping.

The House has little say over foreign policy — only the Republican-led Senate votes on treaties, for example.

Chinese leaders seem open to a trade deal in Buenos Aires, and so does Trump.

But Trump is free to continue to ratchet up tariffs on China or other economic competitors, abandon international agreements like the Paris climate accord and the Iran nuclear deal, and negotiate with adversaries such as Russia and North Korea.

To contact the reporters on this story:
Craig Gordon in Washington at cgordon39@bloomberg.net;
Alex Wayne in Washington at awayne3@bloomberg.net

To contact the editor responsible for this story:
Michael Shepard at mshepard7@bloomberg.net

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Seems about right to me. Obviously, Trump sees that doubling down on his divisiveness, lies, racism, and illegal behavior could be a path to victory and holding on to the Senate in 2020, even if he gets clobbered in the popular vote, which is likely.

While there do appear to be some areas of common interest, it’s going to be pretty hard for Dems to “reach across the aisle” when the folks on the other side are conducting a cultural war of lies against them and their constituency — which actually is the majority of Americans.

Meanwhile with a free rein on reshaping the Federal Courts in his own image, Trump and the GOP probably figure that controlling three of the four power centers of Government is enough, and don’t see any need to work with Dems on advancing the public interest. Better to just blame them for everything that goes wrong as a result of Trump’s inability to govern.

I can see that it might (or might not) work again for Trump and his GOP in 2020, and perhaps beyond. On the other hand, the long-term outlook still appears to  favors the Dems, if the country survives that long, or Vladimir Putin if it doesn’t.

Governing in the interests of a dwindling, disgruntled White minority who want to turn us back to the “bad old days” of inequality, exclusion, and exclusive White privilege, while dissing the interests of those who are America’s future can’t possibly be a formula for long-term success. Either the majority at some point will have to gain political control and establish government in the overall public interest, or the country will simply come apart at the seams in a civil discord that can’t be repaired. Putin and his successors would be quite happy to see us “self-destruct.” Not a probability, but certainly a possibility.

PWS

11-06-18

GONZO’S WORLD – NEW TRAC DATA SHOWS SESSIONS’S IDEOLOGICALLY DRIVEN INTERFERENCE AND GROSS MISMANAGEMENT HAS “ARTIFICIALLY JACKED” THE U.S. IMMIGRATION COURT BACKLOG TO OVER 1 MILLION CASES! – And, That’s With More Judges — “Throwing Good Money After Bad!”

http://trac.syr.edu/immigration/reports/536/

Immigration Court Backlog Surpasses One Million Cases

Figure 1. Immigration Court Workload, FY 2018

The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017. Results compiled from the case-by-case records obtained by TRAC under the Freedom of Information Act (FOIA) from the court reveal that pending cases in the court’s active backlog have now reached 768,257—a new historic high.

In addition, recent decisions by the Attorney General just implemented by the Executive Office for Immigration Review (EOIR) have ballooned the backlog further. With a stroke of a pen, the court removed 330,211 previously completed cases and put them back on the “pending” rolls. These cases were previously administratively closed and had been considered part of the court’s completed caseload[1].

When the pending backlog of cases now on the active docket is added to these newly created pending cases, the total climbs to a whopping 1,098,468 cases! This is more than double the number of cases pending at the beginning of FY 2017.

Pending Cases Represent More Than Five Years of Backlogged Work

What does the pending case backlog mean as a practical matter? Even before the redefinition of cases counted as closed and cases considered pending, the backlog had reached 768,257 cases. With the rise in the number of immigration judges, case closures during FY 2018 rose 3.9 percent over FY 2016 levels, to 215,569. In FY 2017, however, closure rates had fallen below FY 2016 levels, but last year the court recovered this lost ground[2].

At these completion rates, the court would take 3.6 years to clear its backlog under the old definition if it did nothing but work on pending cases. This assumes that all new cases are placed on the back burner until the backlog is finished.

Now, assuming the court aims to schedule hearings eventually on all the newly defined “pending” cases, the backlog of over a million cases would take 5.1 years to work through at the current pace. This figure again assumes that the court sets aside newly arriving cases and concentrates exclusively on the backlog.

Table 1. Overview of Immigration Court Case Workload and Judges
as of end of FY 2018
Number of
Cases/Judges
Percent Change
Since Beginning
of FY 2017
New Cases for FY 2018 287,741 7.5%
Completed Cases for FY 2018 215,569 3.9%
Number of Immigration Judges 338/395* 17.0%
Pending Cases as of September 30, 2018:
On Active Docket 768,257 48.9%
Not Presently on Active Docket 330,211 na
Total 1,098,468 112.9%
* Immigration Judges on bench at the beginning and at the end of FY 2018; percent based on increase in judges who served full year.
** category did not exist at the beginning of FY 2017.

Why Does the Backlog Continue To Rise?

No single reason accounts for this ballooning backlog. It took years to build and new cases continue to outpace the number of cases completed. This is true even though the ranks of immigration judges since FY 2016 have grown by over 17 percent[3] while court filings during the same period have risen by a more modest 7.5 percent[4].

Clearly the changes the Attorney General has mandated have added to the court’s challenges. For one, the transfer of administratively closed cases to the pending workload makes digging out all the more daunting. At the same time, according to the judges, the new policy that does away with their ability to administratively close cases has reduced their tools for managing their dockets.

There have been other changes. Shifting scheduling priorities produces churning on cases to be heard next. Temporary reassignment and transfer of judges to border courts resulted in additional docket churn. Changing the legal standards to be applied under the Attorney General’s new rulings may also require judicial time to review and implement.

In the end, all these challenges remain and the court’s dockets remain jam-packed. Perhaps when dockets become overcrowded, the very volume of pending cases slows the court’s ability to handle this workload – as when congested highways slow to a crawl.

Footnotes

[1] The court also recomputed its case completions for the past ten years and removed these from its newly computed completed case counts. Current case closures thus appear to have risen because counts in prior years are suppressed. Further, the extensive judicial resources used in hearing those earlier cases are also disregarded.

[2] For consistency over time, this comparison is based upon the court’s longstanding definition, which TRAC continues to use, that includes administratively closed cases in each year’s count. Under this standard, numbers are: 207,546 (FY 2016), 204,749 (FY 2017), 215,569 (FY 2018).

[3] The court reports that the numbers of immigration judges on its rolls at the end of the fiscal year were: 289 (FY 2016), 338 (FY 2017), and 395 (FY 2018). The 17 percent increase only considers judges who were on the payroll for the full FY 2018 year. See Table 1. For more on judge hires see: https://www.justice.gov/eoir/page/file/1104846/download

[4] New court cases based upon court records as of the end of FY 2018 were: 267,625 (FY 2016), 274,133 (FY 2017), and 287,741 (FY 2018). Due to delays in adding new cases to EOIR’s database, the latest counts may continue to rise when data input is complete. TRAC’s counts use the date of the notice to appear (NTA), rather than the court’s “input date” into its database. While the total number of cases across the FY 2016 – FY 2018 period reported by TRAC and recently published by EOIR are virtually the same, the year-by-year breakdown differs because of the court’s practice of postponing counting a case until it chooses to add them to its docket.

TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.
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Yes, as TRAC notes, it has been building for many years. And there are plenty of places to place responsibility: Congress, the Bush Administration, the Obama Administration, the DOJ, DHS, and EOIR itself.
But, there is no way of denying that it has gotten exponentially worse under Sessions. Ideology and intentional “Aimless Docket Reshuffling,” as well as the same ineffective “terrorist tactics, threats, intentionally false narratives, inflammatory and demeaning rhetoric, and just plain willful ignorance” that Sessions employs in his immigration enforcement and prosecutorial programs are the main culprits. And, they aren’t going to stop until Sessions and this AdministratIon are removed from the equatIon. Not likely to happen right now.
So, if the Article IIIs don’t step in and essentially put this “bankrupt dysfunctional mess into receivership” by appointing an independent Special Master to run it in accordance with Due Process, fairness, fiscal responsibility, and impartiality, the whole disaster is going to end up in their laps. That will threaten the stability of the entire Federal Court system — apparently just what White Nationalist anarchists like Sessions, Miller, and Bannon have been planning all along!
Wonder if Las Vegas is taking odds on the dates when 1) the backlog will reach 2 million; and 2) the Immigration Court system will completely collapse?
The kakistocracy in action! And, lives will be lost, people hurt, and responsible Government damaged. More judges under Sessions just means more backlog and more injustice.
PWS
11-06-18

HUFFPOST: HOW THE TRUMP-FOX CYCLE OF LIES, HATE, BIGOTRY, & RACISM IS DESTROYING AMERICA!

https://www.huffingtonpost.com/entry/trump-caravan-fox-and-friends_us_5bd768c4e4b017e5bfd4c948?p9

Matt Gertz writes in HuffPost:

The role of President Donald Trump’s ominous warnings about the caravan of migrants headed toward the U.S. border from Central America in inspiring the virulent anti-Semite who killed 11 people at a Pittsburgh synagogue on Saturday highlights the destructive consequences of Fox News’ grip on the president.

While Robert D. Bowers, the man accused of carrying out the mass shooting, had criticized Trump for being insufficiently anti-Semitic, critics pointed out that president had “stoked the fears of the Bowerses among us,” deploying incendiary and false rhetoric about the migrant caravan in hopes of bolstering the Republican Party’s standing. “The shooter might have found a different reason to act on a different day,” Adam Serwer wrote for The Atlantic. “But he chose to act on Saturday, and he apparently chose to act in response to a political fiction that the president himself chose to spread and that his followers chose to amplify.”

Trump, in turn, came into contact with that fiction via Fox’s fearmongering. The president’s first public statements about the caravan came in response to a segment he watched on the Fox News morning show ”Fox & Friends,” and in the weeks that followed, his rhetoric and that of the conservative network escalated at pace.

For more than a year, I’ve been studying the Trump-Fox feedback loop, my term for the way Fox News at times is able to set the national media agenda because the president watches the network’s programming, tweets about it in real time and adopts its particular fixations. As the rest of the press scrambles to cover Trump’s comments, Fox’s right-wing obsessions consume the news cycle, whether or not they were originally newsworthy. In this case, Fox News urged him to whip his followers into a frenzy over the caravan, and he did it. There’s no indication that either Fox News or Donald Trump will cut off this campaign of fear.

The caravan formed in Honduras on Friday, Oct. 12. By Oct. 15, it was already receiving substantial coverage on Fox News. The next morning, in response to a report on ”Fox & Friends,” Trump issued his first public statement on the migrants, warning the Honduran government that he would cut its aid if the caravan was not stopped. Trump’s comment generated more coverage both on Fox News and at other media outlets. On Wednesday night, Oct. 17, former House Speaker Newt Gingrich appeared on Fox News and urged Republicans to make the caravan a key voting issue, claiming that “the left is eager” for the caravan to enter the United States.

The next morning, “Fox & Friends” repeatedly aired Gingrich’s comments and suggested that Republicans should take his advice. In response, Trump issued a series of tweets using the caravan’s advance to attack Democrats, saying they had “led (because they want Open Borders and existing weak laws)” an “assault on our country.”

The network and its most powerful viewer spent the next week raising the temperature, stoking fears about whether the migrants were criminals or terrorists, calling the caravan an “invasion” and describing its approach as a national emergency. Escalation bred response bred further escalation, with no sign of a line beyond which the president and his propagandists wouldn’t go.

Trump’s Fox-fueled commentary turned the caravan story into a major national news story as reporters sought to explain and contextualize what he was talking about. But the situation does not, on its face, justify the coverage the caravan has received. The migrants are currently in southern Mexico, their numbers are dwindling and, depending on which route the caravan chooses, they face a journey of 1,000 to 2,000 miles to the U.S. border that will take weeks or months. Those who make it to the border have the right to seek asylum, and those whose claims are rejected will be turned away. That’s what happened when a similar caravan ― which also drew vitriol from Fox News and then from Trump ― reached the U.S. border in May. The caravans have been going on for roughly a decade without issue. There is no crisis except for the one that Fox News and Trump have sought to create in order to get GOP voters to the polls.

I’ve written before of the perils of having a president who relies on conservative cable news hosts to help him understand current events. When federal policy and personnel shifts can be driven by a Fox-inspired presidential whim, the network’s influence is staggering. The greatest risk is that Trump could use his unilateral control of the U.S. nuclear arsenal in response to a Fox segment; Trump was reportedly unnerved by b-roll the network aired in March 2017 of a North Korean missile launch, convinced that it was happening live. But on a day-to-day basis, the major concern is that the president is a demagogue who constantly lashes out at his perceived enemies in order to secure his base’s support, and Fox News’ programming is providing him with targets for his ire, whether that’s protesting NFL players or recalcitrant Justice Department officials. That pattern has played out again and again since Trump ascended to the presidency.

“Ordinarily,” Serwer wrote, “a politician cannot be held responsible for the actions of a deranged follower.” So, too, it usually doesn’t make sense to attribute a president’s actions to a news network. But Trump is suggestible, he watches Fox News constantly, and the network’s commentators are aware of that. In lighter moments, the “Fox & Friends” hosts joke about the president’s tendency to watch the programs. In heavier ones, the program’s commentators openly offer him advice, telling him not to sit down with special counsel Robert Mueller or pull troops out of Syria.

But on the Monday after the synagogue murders, nothing had changed. The migrants were again drawing coverage on “Fox & Friends” (“Border Battle Rages as Caravan Heads to U.S.,” read one chyron). And hours later, Trump tweeted that the migrants were conducting “an invasion of our Country.”

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

Thanks to Trump, the GOP, and their myriad of lies, distortions, false narratives, and hate rhetoric, our democracy is on the ropes. If we don’t start voting these misguided folks out of office, on all levels, we wont have any country left.

PWS

10-30-18

GONZO’S WORLD: WHITE NATIONALIST A.G. PUTS IDEOLOGY ABOVE LAW & FACTS – How He’s Destroying the U.S. DOJ & Corrupting Our Government! –“Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues.”

https://www.nytimes.com/2018/10/19/us/politics/jeff-sessions-justice-department.html

Katie Benner reports for the NY Times:

Justice Dept. Rank-and-File Tell of Discontent Over Sessions’s Approach

Image
Justice Department lawyers have raised concerns about Attorney General Jeff Sessions pursuing legally indefensible cases and a lack of support when they tried to warn him.CreditCreditDoug Mills/The New York Times

WASHINGTON — During his 20 months in office, Attorney General Jeff Sessions has swept in perhaps the most dramatic political shift in memory at the Justice Department, from the civil rights-centered agenda of the Obama era to one that favors his hard-line conservative views on immigration, civil rights and social issues.

Now, discontent and infighting have taken hold at the Justice Department, in part because Mr. Sessions was so determined to carry out that transformation that he ignored dissent, at times putting the Trump administration on track to lose in court and prompting high-level departures, according to interviews over several months with two dozen current and former career department lawyers who worked under Mr. Sessions. Most asked not to be named for fear of retribution.

President Trump has exacerbated the dynamic, they said, by repeatedly attacking Mr. Sessions and the Justice Department in baldly political and personal terms. And he has castigated rank-and-file employees, which career lawyers said further chilled dissent and debate within the department.

The people interviewed — many yearslong department veterans, and a third of whom worked under both the Bush and Obama administrations — said that their concerns extended beyond any political differences they might have had with Mr. Sessions, who is widely expected to leave his post after November’s midterm elections.

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“Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues,” said Robert Litt, a former Justice Department official during the Clinton administration.

A department spokeswoman, Sarah Isgur Flores, said that Mr. Sessions and other senior law enforcement officials were committed to the department’s mission of upholding the rule of law, and that they had heard no complaints about that.

“We know of no department employee who is opposed to policies that uphold the rule of law and protect the American people — which are precisely the policies that this department has implemented and embraced,” Ms. Flores said in a statement.

Mr. Sessions’s shift in the department’s priorities reflected Mr. Trump’s campaign promises to be tough on crime and crack down on illegal immigration, much as former Attorney General Eric H. Holder Jr. took office in 2009 with a mandate to realize President Barack Obama’s vision on civil rights.

Ms. Flores called Mr. Sessions’s changes “vital to reducing violent crime,” combating the opioid epidemic and securing borders.

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The Justice Department’s effort to crack down on sanctuary cities through the courts has been met with protests, here in Sacramento in June.CreditRich Pedroncelli/Associated Press

But Trump appointees ignored the legal advice of career lawyers in implementing their agenda, four current Justice Department employees said.

In one instance, Mr. Sessions directly questioned a career lawyer, Stephen Buckingham, who was asked to find ways to file a lawsuit to crack down on sanctuary laws protecting undocumented immigrants. Mr. Buckingham, who had worked at the Justice Department for about a decade, wrote in a brief that he could find no legal grounds for such a case.

Reminding Mr. Buckingham of the attorney general’s bona fides as an immigration hard-liner, Mr. Sessions asked him to come to a different conclusion, according to three people who worked alongside Mr. Buckingham in the federal programs division and were briefed on the exchange.

To Mr. Buckingham’s colleagues, the episode was an example of Mr. Sessions stifling dissent and opening the department to losses in court.

Mr. Buckingham resigned a few months later, and Mr. Sessions got his lawsuit. A federal judge dismissed most of the case, and the department has appealed. Both Mr. Buckingham and Ms. Flores declined to comment on the episode.

In stripping protections last year for transgender people under the Civil Rights Act, department leaders failed to consult Diana Flynn, the head of the civil rights appellate division who led the effort to add the protections in 2014, and many of her career staff.

The process left little room for debate. “Edicts came down, and it was up to us to try to implement them,” said Ms. Flynn, who has left the Justice Department for Lambda Legal, a lesbian, gay, bisexual and transgender legal aid organization.

Similarly, a flare-up over the Affordable Care Act this summer occurred after the department’s political leaders urged a judge to find unconstitutional two of the law’s key elements, a reversal of the government’s longstanding position.

“This is a rare case where the proper course is to forgo defense” of existing law, Mr. Sessions said at the time, adding that Mr. Trump had approved the step. Three career lawyers withdrew from the case, including Joel McElvain, a 27-year department veteran, who made headlines by resigning in protest.

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To some career Justice Department lawyers, Rod J. Rosenstein, the deputy attorney general, represents a measure of independence because his office oversees the investigations into the president and his associates.CreditJim Lo Scalzo/EPA, via Shutterstock

The episode prompted an all-hands meeting in June to address lingering rancor, according to two people who attended and two others briefed on the gathering.

During the standing-room-only meeting, attendees pressed the head of the departmental branch. What were the brief’s legal flaws, they asked. Had political considerations edged out a sound legal opinion? Did department leaders consider them part of the bureaucratic “deep state” that Mr. Trump has accused of conspiring against him?

After more than an hour, the officials running the meeting said they understood the employees’ concerns and simply encouraged them to continue doing good work.

Attorneys general have long confronted resistance when they implement ideological initiatives that career lawyers view as outside the Justice Department’s mission.

During the Bush administration under Alberto R. Gonzales, the department formed a task force to crack down on pornography; investigators focused on only a small swath of the most egregious examples.

When political appointees under Mr. Holder wanted to abandon the government’s defense of “don’t ask, don’t tell,” Jody Hunt, a well-regarded career attorney, argued successfully that the department had a legal duty to defend it.

Mr. Sessions is not bound to follow the advice of career Justice Department lawyers, “and, if he doesn’t like recommendations, to ignore them,” Mr. Litt said. “But it would be inappropriate to ask people to tailor legal judgments to policy preferences.”

Without directly addressing the department’s positions on transgender rights or the Affordable Care Act, Ms. Flores noted that its reversals on workplace arbitration, voting rights, labor unions and the appointments of federal officials were validated by wins at the Supreme Court.

Mr. Trump has stoked much of the unease at the Justice Department. He assailed the prosecutors who won a conviction of his former campaign chairman, and he attacked the plea agreement struck with his longtime personal lawyer. He castigated Mr. Sessions for not investigating perceived White House enemies — drawing a rare rebuke from the attorney general — and for daring to pursue cases against Republican lawmakers.

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President Trump stokes much of the unease at the Justice Department.CreditTom Brenner/The New York Times

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The president has also frequently targeted Rod J. Rosenstein, who as deputy attorney general oversees the day-to-day operations at the department as well as the special counsel investigation. In a turnabout this month, Mr. Trump declared his relationship with Mr. Rosenstein good, to the relief of some federal prosecutors. To them, Mr. Rosenstein’s office symbolizes the department’s independence because he oversees its inquiries into the president and his inner circle.

More unnerving, employees said, was the president’s threat to remove the security clearance of Bruce Ohr, a civil servant who worked to combat Russian mobs and oligarchs. The message, said one lawyer in the criminal division: Doing your job can make you vulnerable to a career-ending attack.

Two former attorneys said that they stepped away from Russia-related work as a result.

“The underlying message from Trump is that department employees are either enemies of the White House or vassals doing its bidding,” said Norman L. Eisen, who served as special counsel for ethics and government reform under Mr. Obama. Mr. Eisen is co-counsel for the plaintiffs in a lawsuit accusing Mr. Trump of violating the Constitution by maintaining a stake in his hotel in Washington.

As a target of Mr. Trump’s high-profile rebukes, Mr. Sessions has gained cautious support even from some rank-and-file lawyers who find his culture wars zeal distasteful. They cited instances where he pushed back on Mr. Trump’s broadsides and his simply enduring months of presidential invective.

Internal events intended to boost morale have also proved tense. Guy Benson, a Fox News commentator, was chosen to speak at a gay pride event over the objections of the department’s L.G.B.T. affinity group, DOJ Pride, Justice Department lawyers said.

DOJ Pride members held a separate event, where one employee spoke about how progress for L.G.B.T. Americans had regressed under Mr. Trump. Department officials would not comment on the episode.

Some of the lawyers interviewed also said that departures of respected leaders and longtime career lawyers has weakened morale. Besides Ms. Flynn, Mr. McElvain and Mr. Buckingham, others who left included Doug Letter, the head of the civil appellate branch, and David Laufman, the chief of the counterintelligence section.

“Any given person wants to spend more time with his family,” said Benjamin Wittes, a senior fellow at the Brookings Institution and critic of Mr. Trump’s attacks on law enforcement who has heard complaints from department lawyers. “But the sudden decision by large numbers of people to spend more time with their families is a creation of the atmosphere.”

Days after the health law brief was filed, a long-planned happy hour for former and current federal programs lawyers took on the feeling of a support group, according to people who attended. Gathered at an Irish pub near the Justice Department, colleagues told Mr. McElvain they were sorry that he was leaving but that they admired his decision.

Some maligned the Trump administration or poked fun at Mr. Sessions. But when political appointees joined the conversation, the career lawyers, worried about being pegged as dissenters, shifted the discussion to more neutral topics.

Correction: 

Because of an editing error, an earlier version of this article misstated who Justice Department leaders consulted in stripping protections for transgender people. They spoke to departmental experts, though not to the head of the civil rights appellate division and her team.

Sharon LaFraniere and Glenn Thrush contributed reporting.

Follow Katie Benner on Twitter: @ktbenner.

Get politics and Washington news updates via Facebook, Twitter and the Morning Briefing newsletter.

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I’ve commented numerous times on Sessions’s stunningly “law free approach” to his job as the nation’s top legal official. His positions never appear to be the product of any type of legitimate deliberation and reflection. Rather they essentially are lifted, sometimes almost verbatim, from “position papers” and screeds written by far-right groups, most of them driven by a White Nationalist, racially motivated, religiously intolerant views that have little appeal to the majority of Americans — even among “true conservatives” (as opposed to racists masquerading as “pseudo conservatives.”)

Low morale has often been a significant issue among the much maligned corps of U.S. Immigration Judges. But, I’ve heard the same things reflected in this article — that morale is by far the worst that it has ever been among U.S Immigration Judges who feel that their expertise and abilities have been disrespected, discretion virtually eliminated, and their positions reduced to basically “robed representatives of DHS Enforcement” under Sessions’s White Nationalist, openly xenophobic regime.

Sessions undoubtedly is the most glaringly unqualified Attorney General since the disgraced “John the Con” Mitchell under Nixon. But, in terms of long term damage to the entire system, Sessions probably has surpassed even “the Con.”

PWS

10-21-18

LEXISNEXIS: New Suit Highlights How Sessions & Other Trumpsters Knowingly & Intentionally Violate U.S. Asylum Laws!

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/new-legal-filing-links-high-level-trump-officials-to-asylum-turnback-policy—al-otro-lado-inc-v-nielsen

Posted by Dan Kowalski @ LexisNexis:

New Legal Filing Links High-level Trump Officials to Asylum “Turnback Policy” – Al Otro Lado, Inc. v. Nielsen

American Immigration Council, Oct. 16, 2018 – “In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border. Friday’s filing directly links high-level Trump administration officials to an official “Turnback Policy,” ordering U.S. Customs and Border Protection (CBP) officials to restrict the number of asylum seekers who can access the asylum process at ports of entry. The Turnback Policy compounds other longstanding border-wide tactics CBP has implemented to prevent migrants from applying for asylum in the U.S., including lies, intimidation, coercion, verbal abuse, physical force, outright denials of access, unreasonable delay, and threats—including family separation.

The new filing was brought by the Los Angeles and Tijuana-based organization Al Otro Lado, Inc. and individual asylum seekers who are collectively represented by the Center for Constitutional Rights, the Southern Poverty Law Center, and the American Immigration Council. The attorneys allege that the Trump administration policy and practice violate U.S. and international law and subject vulnerable asylum seekers to imminent danger, deportation, or death.

“Every day we work with survivors of horrific physical and sexual violence, doing our best to provide the necessary resources to extremely vulnerable individuals. They come to our border to seek safety for themselves and their children. The United States, in implementing the Turnback Policy, cavalierly rejects thousands of these individuals, retraumatizing them and stranding them alone and destitute. It is hard to overstate the cruelty with which CBP operates,” said Nicole Ramos, Border Rights Project director at Al Otro Lado.

Attorneys say practices under the Turnback Policy are directly attributable to high-level Trump administration officials, including Attorney General Jeff Sessions and Department of Homeland Security Secretary Kirstjen Nielsen. The filing cites Sessions’ characterization of asylum seekers as deliberately attempting to “undermine our laws and overwhelm our system,” and Nielsen’s reference to the legally required process of receiving and processing asylum seekers at the border as a “loophole.” The filing also quotes U.S. Customs and Border Protection officers as stating, “We have orders not to let anybody in.”

“Internal CBP documents released in this case reveal that high-level CBP officials authorized a Turnback Policy as early as 2016 to restrict the flow of asylum seekers to the U.S-Mexico border,” said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice Project. “The Turnback Policy has escalated under the Trump administration and has been buttressed by a wide range of unlawful tactics that CBP uses to deny asylum seekers access to the protection they deserve.”

Said Baher Azmy, legal director of the Center for Constitutional Rights, “Ever since the horrors of World War II, the world’s nations have committed to giving asylum seekers the opportunity to seek safe haven. The Trump administration has turned its back on this most elementary humanitarian principle, in violation of U.S. and international law, and is subjecting vulnerable men, women and children who are fleeing horrific conditions at home to continued terror, violence and in some cases, death.”

Asylum seekers are fleeing persecution in their home countries, and suffer unspeakable harm en route to the United States at the hands of Mexican government officials, cartels, and gangs. When they are turned away at ports of entry, the lawsuit alleges, they are compelled to either enter the U.S. illegally and be prosecuted, stay trapped in Mexico where they are targeted by criminal groups, or return home to face persecution and death. The filing recounts an extensive array of inaccurate information and abusive treatment those seeking asylum have faced at the hands of U.S. border officials, including that the U.S. is no longer providing asylum or that people from specific countries are not eligible; yelling at, harassing, and assaulting asylum seekers and their children; threatening to take children away from their parents; and setting up “pre-checkpoints” that prevent asylum seekers from reaching the U.S. border. Over four consecutive days in March, CBP officials turned away Guatemalan asylum seekers, saying “Guatemalans make us sick.”

The filing amends a previous filing challenging CBP’s turnbacks of asylum seekers at ports of entry. The challenged practices were initially implemented in 2016 and greatly exacerbated by the Trump administration.

Read the filing here.

For more information, visit CCR’s case page and the American Immigration Council.

American Immigration Council, Oct. 16, 2018 – “In a new court filing, asylum seekers and an immigrant rights group are challenging the Trump administration’s policy and practice of turning back asylum seekers at ports of entry along the U.S.-Mexico border. Friday’s filing directly links high-level Trump administration officials to an official “Turnback Policy,” ordering U.S. Customs and Border Protection (CBP) officials to restrict the number of asylum seekers who can access the asylum process at ports of entry. The Turnback Policy compounds other longstanding border-wide tactics CBP has implemented to prevent migrants from applying for asylum in the U.S., including lies, intimidation, coercion, verbal abuse, physical force, outright denials of access, unreasonable delay, and threats—including family separation.

The new filing was brought by the Los Angeles and Tijuana-based organization Al Otro Lado, Inc. and individual asylum seekers who are collectively represented by the Center for Constitutional Rights, the Southern Poverty Law Center, and the American Immigration Council. The attorneys allege that the Trump administration policy and practice violate U.S. and international law and subject vulnerable asylum seekers to imminent danger, deportation, or death.

“Every day we work with survivors of horrific physical and sexual violence, doing our best to provide the necessary resources to extremely vulnerable individuals. They come to our border to seek safety for themselves and their children. The United States, in implementing the Turnback Policy, cavalierly rejects thousands of these individuals, retraumatizing them and stranding them alone and destitute. It is hard to overstate the cruelty with which CBP operates,” said Nicole Ramos, Border Rights Project director at Al Otro Lado.

Attorneys say practices under the Turnback Policy are directly attributable to high-level Trump administration officials, including Attorney General Jeff Sessions and Department of Homeland Security Secretary Kirstjen Nielsen. The filing cites Sessions’ characterization of asylum seekers as deliberately attempting to “undermine our laws and overwhelm our system,” and Nielsen’s reference to the legally required process of receiving and processing asylum seekers at the border as a “loophole.” The filing also quotes U.S. Customs and Border Protection officers as stating, “We have orders not to let anybody in.”

“Internal CBP documents released in this case reveal that high-level CBP officials authorized a Turnback Policy as early as 2016 to restrict the flow of asylum seekers to the U.S-Mexico border,” said Melissa Crow, senior supervising attorney with the Southern Poverty Law Center’s Immigrant Justice Project. “The Turnback Policy has escalated under the Trump administration and has been buttressed by a wide range of unlawful tactics that CBP uses to deny asylum seekers access to the protection they deserve.”

Said Baher Azmy, legal director of the Center for Constitutional Rights, “Ever since the horrors of World War II, the world’s nations have committed to giving asylum seekers the opportunity to seek safe haven. The Trump administration has turned its back on this most elementary humanitarian principle, in violation of U.S. and international law, and is subjecting vulnerable men, women and children who are fleeing horrific conditions at home to continued terror, violence and in some cases, death.”

Asylum seekers are fleeing persecution in their home countries, and suffer unspeakable harm en route to the United States at the hands of Mexican government officials, cartels, and gangs. When they are turned away at ports of entry, the lawsuit alleges, they are compelled to either enter the U.S. illegally and be prosecuted, stay trapped in Mexico where they are targeted by criminal groups, or return home to face persecution and death. The filing recounts an extensive array of inaccurate information and abusive treatment those seeking asylum have faced at the hands of U.S. border officials, including that the U.S. is no longer providing asylum or that people from specific countries are not eligible; yelling at, harassing, and assaulting asylum seekers and their children; threatening to take children away from their parents; and setting up “pre-checkpoints” that prevent asylum seekers from reaching the U.S. border. Over four consecutive days in March, CBP officials turned away Guatemalan asylum seekers, saying “Guatemalans make us sick.”

The filing amends a previous filing challenging CBP’s turnbacks of asylum seekers at ports of entry. The challenged practices were initially implemented in 2016 and greatly exacerbated by the Trump administration.

Read the filing here.

For more information, visit CCR’s case page and the American Immigration Council.

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

It’s a strange system where the victims of law violations are punished while the “perps” — folks like Sessions, Nielsen, Miller, etc — walk free and are allowed to continue their lawless behavior.

Even stranger: A guy like Sessions — a scofflaw “Jim Crow Throwback” if there ever was one — has the absolute audacity to whine, complain, and even threaten when occasionally Federal Judges intervene in relatively limited ways to force him and even Trump to comply with our country’s laws and our Constitution. But, I suppose that’s what free speech is all about. Nevertheless, Sessions’s freedom to express his opinions that mock, distort, and mischaracterize our laws doesn’t necessarily entitle him to act on those opinions in a manner inconsistent with those law.

PWS

10-18-18

THE GUARDIAN: THE UGLY TRUTH ABOUT “ZERO TOLERANCE:” “3,121 desperate journeys: Exposing a week of chaos under Trump’s zero tolerance”

https://www.theguardian.com/us-news/ng-interactive/2018/oct/14/donald-trump-zero-tolerance-policy-special-investigation-immigrant-journeys?CMP=Share_iOSApp_Other

 

BY Olivia Solon, Julia Carrie Wong, Pamela Duncan, Margaret Katcher, Patrick Timmons, and Sam Morris

On 6 April 2018, the US attorney general, Jeff Sessions, issued a memoto federal prosecutors along the US-Mexico border directing them “to adopt immediately a zero-tolerance policy” for violations of a federal law barring “improper entry” into the country. “You are on the front lines of this battle,” Sessions wrote, as if rallying his troops against an invading army.

Over the next six weeks, the collateral damage of the Trump administration’s policy was revealed: some 2,654 children were taken from their parents or guardians in order to fulfill the mandate that they be prosecuted for a criminal misdemeanor. As of 27 September, 219 children whose parents had already been deported remained in government custody.

Zero tolerance pushed serious fraud, drugs and weapons trafficking offences out of the courtroom to make way for the flood of people whose only crime was crossing the border. Between March and June, federal prosecutions referred by Customs and Border Protection (CBP) in the five districts along the south-west border rose by 74%, from 6,368 to 11,086.

I don’t think this is really about justice anymore Cesar Pierce, defense attorney

Today the Guardian publishes analysis of documents from more than 3,500 criminal cases filed by border district federal prosecutors during a single week of the zero tolerance policy: 13-19 May.

The three-month investigation, the most comprehensive analysis to date of the experiences of thousands of migrants entering the US during that period, shows how:

  • Zero tolerance churned thousands of migrants through an assembly-line justice system with copy-and-paste criminal complaints converted to hastily accepted guilty pleas.
  • Just 12.8% of the criminal cases filed by federal prosecutors were the kind of serious crimes – corruption, fraud and trafficking – that citizens expect federal prosecutors to pursue.
  • Sentence lengths for migrants charged with the same crimes varied dramatically depending on the state where they were arrested.

The court documents shine a spotlight on the migrants’ perilous journeys and the extreme lengths immigration enforcement goes to intercept them. They also reveal the lack of documentation created when children were torn away from families at the point of arrest – a shocking omission.

Four months after thousands were charged, only 23 individuals continue to fight their cases. The overwhelming majority have pleaded guilty, and only one case has actually gone to trial, where the defendant was found guilty.

“I don’t think this is really about justice anymore,” said Cesar Pierce, a defense attorney in Las Cruces, New Mexico, who represented 18 of the individuals in our sample.

“Justice really factors very little into it.”

The week was dominated by low-level immigration charges

Of the cases that we examined, 3,121, or 87.2%, were low-level immigration offences. Only 12.8% of cases were serious crimes like corruption, fraud, and drug or weapons trafficking, or more significant immigration offenses, such as human smuggling.

The majority of prosecutions are for first-time crossers

Of the 3,121 people charged with low-level immigration crimes, the vast majority were accused of illegal entry, a misdemeanor, while 31% were accused of illegal re-entry, a felony. The rest were caught using false immigration documents.

The long, perilous journey

José G left El Salvador for the United States on 3 May. The 43-year-old father had previously been deported from the US and was working as a bus driver, but when a gang threatened his 16-year-old son, Marco, he decided to take the risk of traveling to America again.

“It’s his age,” José said of his son. “It makes me afraid.”

It took six days for father and son to traverse Mexico by car. They were walking across the Rio Grande under a bridge linking Juárez with El Paso, about a mile from the official port of entry, when they were spotted by border patrol and arrested. Even though José had no other criminal record, his “illegal re-entry” after a previous deportation triggered a felony prosecution under zero tolerance.

‘I’ve been separated from my son for four months. I don’t understand why we are still separated’ José G

José was locked up in El Paso county jail to await his criminal case. Marco was sent to a children’s shelter.

“I’ve been separated from my son for four months,” José told the Guardian in mid-September. “I don’t understand why we are still separated.”

José is one of the 3,121 migrants in our sample who risked crossing the border to seek a better life. Just over half were Mexican nationals, closely followed by Guatemalans, Hondurans and Salvadorans. The vast majority are men.

Having made the long, perilous journey from their home countries, some cross at official ports of entry to claim asylum, while others attempt to conceal themselves in trunks of cars, trucks and freight trains.

Many are opting to trek across the border in more remote, dangerous desert and mountain regions. Others wade, raft or swim across the Rio Grande, which defines nearly the entirety of the Texas-Mexico border.

Most came from Latin America

With Mexico dominating, followed by Guatemala, Honduras and El Salvador. There were also a small number of migrants from China (three), India (nine), Chile (one), Peru (three) and Canada (one).

Number of migrants by country of origin

1
400
800
1200
1600+

In cases where a migrant’s country of origin was not recorded, we used the country to which the individual had previously been deported. We were not able to determine country of origin for another 58 people.

Far more men were arrested than women

Court documents do not record gender so we made educated guesses based on individuals’ first names and the pronouns used in the documents.

Previous deportation is not a deterrent

Of those who have been previously deported, many attempt to come back within a year or two, with 28 attempting the crossing within a matter of days.

Arrest location: a third were caught crossing the Rio Grande

In criminal complaints detailing the river crossings, Border Patrol recorded that 33% crossed by wading, 34% by rafting and 4.6% by swimming.

Number of arrests by county

1
100
200
300
400+

Extreme tactics at the border

The documents reveal the lengths to which the US Border Patrol and Immigration and Customs Enforcement (Ice) go to capture migrants.

Border Patrol uses an armory of technology including “seismic intrusion devices” (sensors that send an alert when they detect the vibrations created by footstep), giant towers packed with cameras and sensors, and mobile video surveillance systems – trucks that have extendable masts fitted with an array of cameras, radar and laser range finders, frequently referred to as “scope trucks”.

At least six migrants were arrested during “immigration inspections” of commercial passenger buses at a border patrol checkpoint in Texas – a practice that has been harshly criticized as unconstitutional by the American Civil Liberties Union, which is calling on Greyhound buses to stop allowing border patrol agents on board. All six have pleaded guilty; three received prison sentences ranging from 64 days to four months; the other three are still awaiting sentencing.

Others were arrested at motels, based on anonymous tips or pro-active surveillance. In one case, border patrol agents were surveilling the Cotton Valley Motel in Clint, Texas. After observing “two individuals wet and muddy from the knees down” enter, the agents obtained consent from the motel manager to search the room, where they found six people hiding in the bathroom.

It was a shock for everyone. You had 75 people in chains Daniela Chisolm, El Paso attorney

In some cases, migrants end up turning themselves in. On 16 May, Marin M, a migrant from Guatemala, called 911 from the desert in Otero county, New Mexico, when he and his traveling companions found they could walk no farther.

“Please come get us,” the men can be heard asking in the 911 call, which the Guardian obtained through a public records request. They ask repeatedly for water.

The Otero county sheriff’s department dispatched Border Patrol agents who transported the men to a local hospital for treatment. Marin was then taken to the Alamogordo Border Patrol station for processing, and charged with felony re-entry. He pleaded guilty and was sentenced to 57 days in federal prison.

Many of those arrested try to claim asylum because they are fleeing from gang violence, corruption, political instability and natural disasters. Those opting to seek asylum the “legal” way, by presenting themselves at a US port of entry, have been thwarted by officials who say they don’t have the capacity to process them. Border Patrol has started blocking anyone without a US passport from stepping onto US soil, leaving a backlog of asylum seekers camping on international bridges between the US and Mexico for weeks as they wait to be processed.

This crackdown on legal asylum is pushing some desperate migrants to enter illegally, say attorneys.

One Tucson-based lawyer, who did not wish to be named, described a client who crossed illegally only after being blocked from seeking asylum at a US port of entry.

“The mafia said if my client didn’t work for them they’d rape his six-year-old son,” she said. “So his only decision was to get to the US. Am I going to leave my child? No, I’m going to bring my child. Anybody would.”

Chaos in the courtrooms

As zero tolerance went into effect, federal courtrooms along the border were beset by an atmosphere of chaos and desperation, dozens of attorneys, judges and advocates told the Guardian.

“People were panicking,” recalled Carlos Quinonez, a defense attorney in El Paso, Texas. “I’ve never seen so many people.”

“It was a shock for everyone,” said Daniela Chisolm, another El Paso attorney. “You had 75 people in chains: 18-year-old girls from Guatemala, 70-year-old men from Honduras … The first day, I had 15 clients, and nine of them had children taken from them.”

Defense attorneys spoke of an “exponential” increase in the number of cases they were assigned, made all the more challenging by their clients’ anxiety after losing their children. “I spent a lot of time having to refocus my clients,” said Quinonez. “They were focused on where their kids were.”

While federal public defenders usually represent indigent defendants charged with felonies, the task of representing the thousands of misdemeanor illegal entry cases often fell to private defense attorneys like Quinonez and Chisolm, whose fees the government pays. Pierce, the Las Cruces defense attorney, said he came to consider those payments “blood money”. “We get paid to do this, but it’s not really what we signed up for,” he said. “You want to defend people in a criminal case, not because someone crossed the border looking for work.”

Maxine Dobro, a defense attorney in San Diego, was one of several defense attorneys to express disgust with what she called “a misguided decision by a misguided administration: the mass scooping up of minnows will go down as one of the darkest hours of our nation.”

“The sharks swim away and the minnows are prosecuted,” she added. Indeed, an analysis by the Transactional Records Access Clearinghouse found that between March 2018 and June 2018, federal prosecutions of non-immigration crimes fell in the five border districts, both as a percentage of total prosecutions and in absolute terms.

Some defense attorneys, including Jose Troche, an El Paso attorney who represented 11 clients in our sample, were supportive of zero tolerance. “Look, I represent them, but some of these parents need to be prosecuted for child endangerment,” Troche said. “They brought these kids through Mexico, through that pigsty, and dumped them here.” As for the children themselves: “The centers are the safest place these kids have ever been,” he said.

While defense attorneys were struggling to represent the thousands of newly criminalized migrants, federal prosecutors had challenges of their own. In at least 15 cases, the criminal complaints charging migrants with illegal entry included obvious errors suggesting that whoever had filled them out had failed to complete a prepared template.

Example of copy-and-paste court documents

Ananias B, a migrant from Honduras, was charged with entering the country by “wading the Rio Grande River near, #PLACE OF ENTRY#”. Angel A, from El Salvador, was charged with a crime that “took place on #DATE OF ENTRY#”. Perhaps most egregiously, seven migrants in Arizona were charged based on complaints that included the phrase, “Agents observed the Defendant #DOING WHAT? PICK ONE DELETE THE REST#”, followed by a list of apparently common behaviors.

The Guardian made numerous attempts to contact the federal prosecutors responsible for prosecuting the cases in our sample. None agreed to speak either on or off the record.

Cosme Lopez, a spokesman for the US attorney’s office in Arizona, said by email that one of the incomplete complaints had been filed with Pacer “due to an apparent error in the uploading process”. Lopez said that a “hard copy” was used in court “that included all the necessary information.” Lopez declined to provide a copy of this hard copy, and neither responded to questions regarding the uploading error nor explained how the document in Pacer came to be signed by a judge.

One federal magistrate judge who has handled zero tolerance cases and who spoke to the Guardian on condition of anonymity said that the incomplete complaints certainly represented “shoddy work”, but added that he would not “ascribe to it any sinister motives”.

The mass scooping up of minnows will go down as one of the darkest hours of our nation Maxine Dobro, defense attorney

He compared the criminal justice system to a boa constrictor that can open its mouth wider and wider to swallow increasing numbers of defendants, but cannot increase its capacity to digest those cases. “Historically, the government puts lots of resources into the law enforcement mouth, but the judicial resources to address that lump of new cases don’t get increased correspondingly,” he said.

That judge, like others who spoke with the Guardian, described a dramatic increase in misdemeanor and petty offenses in his courtroom. William P Johnson, the chief US district judge of New Mexico, shared with the Guardian a letter he had sent seeking authorization to fill a vacant magistrate judge position in which he highlighted the “drastic increase” of 1,100% in misdemeanor illegal entry cases from 2017 to 2018.

Within the pages of the more than 6,000 court documents the Guardian examined there is a striking omission: the fact that many migrants were travelling with children at the time of their arrests was recorded in only 10 of the 3,121 cases we examined.

José G is one of those 10. When he appeared in court on 14 May, five days after his apprehension by Border Patrol, the criminal complaint against him included a reference to his child. The fact that his son was in the US, and by then was being kept in a shelter for migrant children in El Paso, was not referenced in the prosecution’s motion asking a judge to deem José a flight risk and detain him without bond – a request that the judge in the case granted.

José spent two months in the El Paso county jail before the case against him was simply dropped. The prosecution’s motion for the case to be dismissed states only that “the government does not wish to prosecute at this time”. José was moved to an immigration detention center to start the separate process of immigration court. He did not pass the “credible fear” interview that would have allowed him to seek asylum.

He is yet to be reunited with Marco.

Assembly-line justice

The right to a fair trial, enshrined as the sixth amendment in the Bill of Rights, is as American an ideal as the Statue of Liberty.

But of the 3,121 migrants whose cases we examined, only one has gone to trial so far. Prosecutors dismissed the charges against 70 defendants – a few times because no translator was available or after a defense attorney filed a motion challenging the prosecution’s case, but largely without providing any explanation. Four migrants were found not competent to stand trial and were committed to mental institutions. Nine cases were terminated without any record of the outcome that we could find.

Over the summer, many migrants pleaded not guilty and remained incarcerated while awaiting trial. That number has dwindled to just 23 as of the end of September, however, as more and more holdouts change their pleas to guilty.

The vast majority – 3,014 – have now pleaded guilty.

Some judges defended the rate of guilty pleas, noting that it is difficult to mount a defense against a charge of improper entry if the defendant is found in the US. But many defense attorneys argued that it was impossible for defendants to make “knowing and voluntary” pleas when they had such limited access to legal advice or were preoccupied with worry for their children.

For those who pleaded guilty, the sentences they received ranged widely. The median time spent incarcerated for those who pleaded guilty to misdemeanor improper entry was five days, but it was significantly longer for those in California (16 days) than in Arizona (two days). Those charged with felony re-entry received a median sentence of 2.5 months (75 days). Here again the length of sentence varies by state, however, with those sentenced in the southern district of Texas receiving a median sentence of 4.3 months (130 days), compared to 1.4 months (43 days) in New Mexico.

As of 30 September, when we completed our data analysis, 266 migrants remained incarcerated, awaiting sentencing. Some were not scheduled to see a judge again until 2019.

Case outcomes: almost all pleaded guilty

Though as of 30 September, 23 continued to pursue their cases.

Most judges sentenced first-time entrants to time served

This meant that the time defendants spent incarcerated varied according to how quickly the court could process cases. For the vast majority, this resulted in less than 30 days in prison.

Those who had previously been deported received longer sentences

The longest sentences went to those with other criminal convictions.

First-time migrants in the southern district of California spent the longest time incarcerated

This is likely because California was not yet using a “fast track” system of prosecuting migrants, resulting in a longer wait for sentencing. California began using the new system, “Operation Streamline”, in July.

The southern district of Texas hands outs the longest sentences for re-entry cases

This data is incomplete, however, because almost all of the 266 migrants still awaiting sentencing were charged with felony re-entry.

Families still separated

After José’s criminal case was dismissed, he was transferred to an Ice immigration detention facility in Sierra Blanca, about 90 miles south-east of El Paso.

Immigration detention is the likely next step for most of the other 3,120 migrants once they complete their criminal sentences, though some are deported immediately after release from prison. For those who are transferred to Ice custody, they can either attempt to claim asylum, mount a case in immigration court that they should be allowed to stay, or be deported. But the paper trail ends with the criminal cases: immigration courts produce no comparable record of their proceedings.

José is allowed visitors, but only from behind a thick plate of glass. He is diminished; his weight has dropped from 180lbs to 152lbs while he has been incarcerated, he says.

“The stress is enormous,” he said, fighting back tears. He has not been allowed to see his son, and though he is allowed to speak to Marco by phone, he lacks the funds to do so. A 20-minute call to a US number from the detention facility costs about $10, with a $3 service fee.

José doesn’t have an immigration attorney and doesn’t know the status of his immigration case. “About a month ago I signed a form saying I want deportation,” he said. “But Ice hasn’t said anything to me about when I will be deported.”

Marco was eventually released to José’s brother in North Carolina, a fact that has both assuaged and increased his anxiety. The Trump administration has begun requiring family members to submit their fingerprints in order to receive family members – potentially placing them at risk of Ice themselves.

“My brother and my sister-in-law are both here without papers,” said José. “They gave up their fingerprints with their consent and in good faith to take in Marco.

“But I’m still here in detention. I haven’t seen Marco and that’s why it’s so bad here. All the time I have spent crying here about the separation,” he added, his voice trailing off.

“Nobody tells us anything. There’s no light at the end of the tunnel.”

Median sentence length for felony illegal re-entry0 days204060801001201401600 días20406080100120140160California southern60 daysArizona60 daysNew Mexico43 daysTexas western105 daysTexas southern130 days

Credits

ReportersJulia Carrie Wong, Olivia Solon, Margaret Katcher and Patrick Timmons

Reporting assistantSimon Campbell

Data AnalysisPamela Duncan

Design and developmentSam Morris

IllustrationKatherine Lam

Copy EditingCharlotte Simmonds

TranslationKatie Schlechter

Special thanks toFrancisco Navas and Chris Taylor

Methodology

One unintended consequence of zero tolerance was to create the means for greater transparency. US immigration courts are notoriously opaque, but proceedings in federal criminal courts are filed in Pacer, an electronic database. By insisting on criminalizing migrants prior to seeking to deport them, zero tolerance created a vast paper trail that sheds light on the mechanics and malfunctions of the policy.

To perform our data analysis for this article, we searched Pacer for all criminal cases filed by the US government in the five border districts during the first six weeks of zero tolerance, 7 May-25 June, the period during which family separations were taking place. The five districts are the southern district of Texas, the western district of Texas, New Mexico, Arizona, and the southern district of California.

The nearly 25,000 criminal cases filed during that period were more than we had capacity to investigate, so we decided to limit our analysis to one calendar week: 13-19 May. This resulted in a sample of 3,579 cases.

We divided that sample into two groups: those who were charged with low-level immigration offenses and everyone else. The charges that we considered low-level immigration offenses are: 8 USC § 1325; 8 USC § 1326; 9 USC § 1459; 18 USC § 1028, 1544 and 1546.

Because of the way that Pacer works, our sample includes two sets of cases: those that were originally filed during the week in question, and a smaller set of cases that were re-filed in criminal court during that week.

This distinction is the result of the way federal courts handle their workload. Low-level immigration offenses are usually filed in magistrates court where they are overseen by magistrates judges, whose job it is adjudicate minor or petty offenses, while felonies are handled in criminal court by district judges. In many cases, illegal re-entry charges are originally filed in magistrates court, then transferred to criminal court for sentencing.

We decided to keep these transfer cases in our sample because they represent a portion of the caseload that was burdening the courts overall during the week we examined.

We worked with PacerMonitor to download the criminal complaints and judgments for all of the cases in our sample, then used optical character recognition technology to convert as many of the documents as possible into a machine readable format. We then built our own database of the cases and all the information we could glean from the documents, such as demographic information about the migrants themselves, where and how they were arrested, who prosecuted them, and what the outcome of their court cases were. We are referring to migrants by their first names and last initials, and have changed the name of a minor.

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

Go to the original article at the link to get the charts in their proper format.

No amount of doubletalk and false narratives by the Trump Administration will change the reality of what they are doing, its intentional cruelty, and its utter failure to deter migration. Sadly, it’s quite possible, but not necessarily inevitable, that Trump, Sessions, Miller, and the others who have formulated these travesties will escape legal judgement in the present. But, they won’t escape the judgment of history; nor will those who have enabled, or worse yet, actively supported them.

We can can diminish (and are diminishing) ourselves as a nation, but it won’t stop human migration!

PWS

10-16-18

 

SURPRISE: TRAC STATS SHOW TRUMP ADMINISTRATION IS “BUSTING” MOSTLY NON-CRIMINAL MIGRANTS!

==========================================
Transactional Records Access Clearinghouse
==========================================
FOR IMMEDIATE RELEASE

Greetings. The vast majority (58%) of individuals in Immigration and Customs Enforcement (ICE) custody as of June 30, 2018 had no criminal record. An even larger proportion – four out of five – either had no record, or had only committed a minor offense such as a traffic violation. Case-by-case records on each of these 44,435 individuals held in ICE custody were recently obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. These data provide a detailed snapshot of ICE custody practices.

Individuals were mainly from four countries. Forty-three percent were from the Central American countries of Guatemala, Honduras and El Salvador, while an additional 25 percent were Mexicans. At least 18 percent had resided continuously in the U.S. for ten years or more, and one out of four had been in the country for at least five years.

Many individuals had been held in ICE custody for a relatively short period of time. Forty-one percent had thus far stayed in ICE custody for 30 days or less. At the other extreme, almost 2,000 individuals had been detained for more than a year, and a few individuals had already been continuously detained according to ICE records for over ten years.

The data document the dominance of private for-profit prisons in the large-scale detention of ICE detainees. Overall, fully 71 percent of detainees were housed in facilities operated by private companies. The rest of the facilities were operated by government, including by counties, cities, and the federal government. Texas held 29 percent of all ICE detainees.

Read the full report at:

http://trac.syr.edu/immigration/reports/530/

Access the brand new free web query tool to examine who ICE has in custody and where they are being held. Details on state, county, facility name, nationality, gender, length of time in the U.S., green card status, if convicted the most serious criminal offense, and much more are available at:

http://trac.syr.edu/phptools/immigration/detention/

In addition, there are many additional TRAC free query tools – which track Border Patrol arrests, ICE detainers and removals, the Immigration Court’s backlog, the handling of juvenile cases and more. For an index to the full list of TRAC’s immigration tools go to:

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

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

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://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 U.S. federal government. To help support TRAC’s ongoing efforts, go to:

http://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

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Expensive, divisive, often counterproductive, and overall serving no discernible national interest: That’s the Trump immigration policy!

PWS

10-12-18

THE TRUTH IS OUT: The Next Time Your Restrictionist Friends Or Relatives Falsely Claim That Everyone Opposed To Trump’s Cruel, Racist, Counterproductive, & Ultimately “Designed to Fail” Immigration Policies Favors “Open Borders,” Here Are Some “Talking Points” That Might Help You Educate Them

Recently I got involved in explaining how one could respond to this “restrictionist editorial” from Investor’s Business Daily, asserting that any Democrat who refused to buy into the Trump Administration’s draconian, and often illegal, immigration enforcement program was in favor of “open borders” and claiming to provide some (actually highly bogus) examples. “https://www.investors.com/politics/editorials/illegal-immigration-democrats-open-borders/

Gotta hope that these dudes do a better job on investment news than they do on immigration policy! So here are some “talking points” that I prepared to help set the record straight!

OPEN BORDERS

“OPEN BORDERS” TALKING POINTS

 

  • Since Congressional Resolutions are nonbinding, they commonly are used as a political stunt by the party in control of a particular branch of Congress. The idea is to force members of the opposition party to “vote no” so that can be used against them in political campaigns. (Sadly, many voters have no idea what a “Resolution” is, so they are misled into thinking it’s opposition to an actual bill or law.)
  • Under the Trump Administration, ICE has engaged in disturbing and well-documented abuses.Here’s just an example of abuses in detention documented by the DHS’s own Inspector General: file:///Users/paulwickhamschmidt/Documents/Federal%20Investigation%20Finds%20ICE%20Fails%20to%20Address%20Sexual%20Assault,%20Abuse%20in%20Immigrant%20Detention%20Center.webarchive
  • Indeed, the “civil deportation side” of ICE under Trump has gotten so misdirected, out of control, and disrespected, that a number of ICE Senior Special Agents who do law enforcement work such as combatting smuggling, terrorism, and fraud recently petitioned to be separated from ICE: https://www.washingtonpost.com/world/national-security/seeking-split-from-ice-agents-say-trumps-immigration-crackdown-hurts-investigations-morale/2018/06/28/7bb6995e-7ada-11e8-8df3-007495a78738_story.html?utm_term=.340e5a8213f2
  • So, given the bad reputation of ICE immigration enforcement, it’s hardly surprising that Democrats (and perhaps some thoughtful GOP legislators) don’t want to be “hoodwinked” into a political scheme of carte blanche endorsing an agency and its employees who have credibly been accused of many abuses.
  • Democrats don’t deny that civil immigration enforcement (apprehensions and removals) is necessary. But, it is certainly debatable whether ICE as currently structured, staffed, “branded,” and led is the right way to go about it. Even then, the “Abolish ICE” movement has not gained majority support among Democrat politicians. To view it as the “policy” of the Democratic Party or the majority of Democrats is simply wrong and misleading.
  • It’s possible to debate whether President Obama deserved his “Deporter-in- Chief” title.It’s also possible to debate the immigration enforcement strategies his Administration adopted. But, it’s beyond reasonable debate that Obama 1) gave immigration enforcement a very high priority; and 2) was in some enforcement areas, from a purely statistical basis, more effective than his predecessors and than Trump. Here’s a good analysis of the Obama immigration enforcement program: file:///Users/paulwickhamschmidt/Documents/The%20Obama%20Record%20on%20Deportations:%20Deporter%20in%20Chief%20or%20Not%3F%20%7C%20migrationpolicy.org.webarchive
  • Contrary to the false scenarios and manipulated statistics presented by the Trump Administration, the Department of Justice, and immigration restrictionists, the Government’s own statistics show that when released from detention and represented by counsel, asylum seekers show up for their hearings nearly all the time: http://www.sandiegouniontribune.com/news/immigration/sd-me-family-asylum-20180817-story.html
  • In those cases where they don’t appear, it is often because of defective notices from overwhelmed Government immigration agencies or because nobody has clearly explained their rights and responsibilities to them in language they can understand. Indeed, many “in absentia” removal orders are subsequently vacated and reopened by the Immigration Courts.
  • Even in this highly anti-asylum administration, applicants who actually manage to get a hearing on the merits of their asylum claims win about one in three times, certainly a high enough chance of success to encourage most to show up.
  • Detention is both incredibly expensive and dehumanizing. DHS detention is tied up in numerous court cases. Since asylum applicants as a group are seldom either security or flight risks, looking for ways to process them outside detention makes more sense than building more expensive and substandard private jails.
  • “Sanctuary Cities” is largely a misnomer, because all jurisdictions provide some degree of cooperation to DHS consistent with law. Two things drive this phenomenon. First, courts have held that detainers issued by DHS for civil removal purposesare not legally enforceable because a judicial official does not issue them based on probable cause to believe that a crime has been committed. Second, ICE’s enforcement efforts aimed at non-criminal community members have sown fear and mistrust that has undermined local law enforcement. Victims are afraid to report serious crimes and individuals are unwilling to cooperate with local police or be witnesses in criminal prosecutions because of fear of deportation. Consequently, many localities have limited cooperation with DHS to that legally required: cooperating in the apprehension and removal of serious criminals, answering specific requests for information, or honoring criminal warrants issued by Article III Federal Judges.
  • The Administration has attempted to punish states and localities that have limited their cooperation. Federal Courts have consistently held the Administration’s efforts illegal and enjoined them. https://thehill.com/regulation/court-battles/410149-california-judge-rules-against-sessionss-effort-to-hit-sanctuary
  • Actually, it’s the Trump Administration not “Sanctuary Jurisdictions” that are scofflaws, engaging in illegal actions.
  • Whether or not all residents of San Francisco should be able to vote for school board is a local matter that is not indicative of any national position of the Democratic Party. All children in the United States, regardless of their status or the status of their parents, are entitled to public education under the Supreme Court’s ruling in Plyler v. Doe; and many undocumented individuals pay taxes, and nearly all would if there were a better system to allow them to do so. Therefore, on it’s face letting all residents have a say in how the local schools are run is hardly an unreasonable approach, regardless of whether or not it’s the best approach.
  • Moreover, what’s happening in San Francisco is by no means indicative of what Democrats elsewhere in the country think. Neither the Democratic Party nor the majority of Democrats has specifically endorsed letting undocumented individuals vote for school board.
  • Approximately 11 million individuals reside in the US without documents. The vast majority are law-abiding, productively employed members of our community, many with relatives who are citizens or Green Card holders. While those who have committed serious crimes or mean our country harm should of course be identified and removed (which has been a priority of every Administration over the past 50 years), the vast majority of the rest are not going to be forcibly removed no matter how nasty and cruel immigration enforcement policies become.
  • Therefore, developing some type of “earned legalization” that would either give them a path to citizenship, or at least make it possible for them legally to live, work, pay taxes and raise their families in the US makes more sense than forcing them to live in an underground status.
  • Unlike massive, ultimately ineffective enforcement programs, legalization programs are “self-funded” through application fees so they don’t add to the deficit like expanded enforcement programs.
  • In the long run, we need wiser leaders who will implement a larger and more realistic legal immigration system that gives more credence both to the forces abroad that force individuals to come here and the U.S. market forces that make employers in the U. S want and need to employ immigrants.
  • We are a nation of immigrants. We are not going to stop human migration; however, we could harness its power to maximize use of our legal immigration system, minimize the number of future migrants who come by way of the “extra legal” system, and make immigration enforcement more reasonable, achievable, and publicly acceptable.

 

PWS

10-09-18

 

 

 

GONZO’S WORLD: SCOFFLAW SCHEME STIFFING SANCTUARY STATES SOUNDLY SLAMMED!

https://thehill.com/regulation/court-battles/410149-california-judge-rules-against-sessionss-effort-to-hit-sanctuary

writes in The Hill:

A federal district court judge has ruled Attorney General Jeff Sessions’ conditions on grant funding to force so-called sanctuary cities to cooperate with immigration enforcement efforts as unconstitutional

Judge William Orrick, of the U.S. District Court for the Northern District of California, sided with the state of California and city of San Francisco in their lawsuit challenging the requirements in granting their request for summary judgment Friday.

Orrick’s decision was in agreement with every court that has looked at these issues.

The judge said that the challenged conditions violate the separation of power and that the information-sharing law is unconstitutional.

Orrick said he is following the lead of the district court in a similar challenge brought by the city of Chicago and is issuing a nationwide injunction to block the Justice Department from enforcing its requirement and the law. But he said he is putting that stay on hold until the Ninth Circuit addresses the issue on appeal.

“Today’s ruling is a victory in our fight to protect the people of California,” California Attorney General Xavier Becerra said in a statement Friday afternoon.

“We will continue to stand up to the Trump administration’s attempts to force our law enforcement into changing its policies and practices in ways that that would make us less safe.”

Becerra’s office noted that the ruling marks the attorney general’s twenty-second legal victory against the Trump administration.

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When will he ever learn, when will he ever learn? And, how much of our tax money and Federal Court time will he waste with this counterproductive, semi-frivolous, and vindictive litigation.

Given Gonzo’s record of disregarding the law and mocking common sense, California might “top the century mark” in legal wins before the end of this Administration!

PWS

10-07-18

 

RAFAEL BERNAL IN THE HILL: Federal Courts Are Homing In On The Racism, Dishonesty, & Lawlessness Driving Many Of Trump, Nielsen, & Sessions’s Cruelest & Dumbest Immigration Policies!

https://thehill.com/latino/410012-trump-immigration-measures-struggle-in-the-courts

Bernal writes:

A federal judge’s ruling blocking a Trump administration order to end immigration benefits for nearly 300,000 foreign nationals is the latest in a series of judicial setbacks for the Trump administration’s immigration policies.

Federal District Judge Edward Chen late Wednesday blocked the Department of Homeland Security’s (DHS) order to end Temporary Protected Status (TPS) that allows citizens of Sudan, El Salvador, Haiti and Nicaragua to live and work in the United States, raising hopes for activists who have fought to make the program permanent.

The preliminary injunction granted by Chen, an appointee of President Obama, follows a trend of court reversals that have slowed the administration’s proposed overhaul of American immigration laws.

The administration’s first judicial setbacks on immigration came weeks into Trump’s presidency, as a New York court stopped in January of 2017 the application of the first version of a travel ban that blocked immigrants and visitors from seven majority-Muslim countries.

After a series of court battles, a third version of the travel ban — which includes non-Muslim countries North Korea and Venezuela — was eventually upheld by the Supreme Court in June of this year.

Trump’s termination of the Deferred Action for Childhood Arrival (DACA) program is still up in the air.

Because of court action, DHS is still receiving DACA renewal applications, which under Trump’s original order should have ended in October of 2017.

Both the travel ban and termination of DACA tied into Trump’s campaign promises on immigration, but TPS is a relatively obscure program that had been more or less summarily renewed by both Republican and Democratic administrations.

Under TPS, nationals of countries that undergo natural or man-made disasters are allowed to live and work in the United States until their home countries recover.

Chen’s decision only blocks the DHS orders while the lawsuit is in place, but he hinted in his decision that he’s unlikely to change his mind in the final ruling.

The decision came as a surprise, as TPS statute gives a wide berth to the secretary of Homeland Security to determine who receives its benefits.

DHS declined to comment on the case, but Department of Justice spokesman Devin O’Malley panned Chan’s decision, saying it “usurps the role of the executive branch in our constitutional order.”

Emi Maclean, an attorney with the National Day Laborer Organizing Network (NDLON), called it “an extraordinary decision.”

“This is the first time in the history of the TPS statute, a statute from 1990, that there has been a court order halt for any TPS determination,” said Maclean.

“It’s hugely important in what it says about the Trump administration making policies in the arena of immigration, and it’s obviously important for hundreds of thousands of people and their families and communities,” she added.

In his decision, Chen referred to the “animus” behind the administration’s TPS strategy, echoing district and appeals courts decisions on the travel ban, which used Trump’s campaign rhetoric as evidence of discriminatory intent.

Chan said he found “evidence that this may have been done in order to implement and justify a pre-ordained result desired by the White House.”

“Plaintiffs have also raised serious questions whether the actions taken by the Acting Secretary or Secretary was influenced by the White House and based on animus against non-white, non-European immigrants in violation of Equal Protection guaranteed by the Constitution,” he added.

Justice took a different view.

“The Justice Department completely rejects the notion that the White House or the Department of Homeland Security did anything improper. We will continue to fight for the integrity of our immigration laws and our national security,” said O’Malley.

Although the decision is only a temporary setback for the administration, TPS activists — who want to turn their TPS benefits into permanent residency permits — say they’re encouraged to raise the political profile of the program and its beneficiaries.

“While this decision helps us to at least breathe and be comfortable that our friends with TPS are not going to lose immigration status, it also motivates us to continue organizing and hoping that Congress will understand the importance of this,” Jose Palma, the Massachusetts coordinator for the National TPS Alliance, said in a call with reporters.

Immigration causes have been front and center in U.S. politics during the Trump administration.

But TPS has received relatively little attention.

“We were doing some lobbying and some Congresspeople didn’t know what TPS was,” said Palma. “We were asking for support for TPS and they were asking, ‘What is TPS? We don’t know,’”

And while TPS recipients had been included in previous attempts at comprehensive immigration reform, most bills that got traction in 2018 focused solely on Dreamers.

The exception was a bipartisan bill proposed by Sens. Lindsey Graham (R-S.C.) and Dick Durbin (D-Ill.), which would have pulled immigrant visas from the diversity visa program to grant permanent residency to certain TPS holders, including some from Haiti.

That bill was shot down in January by Trump at a White House meeting with Graham and Durbin, where he allegedly called Haiti and some African countries “shithole countries.”

Still, TPS advocates say they’ve been able to raise awareness for the program since Haiti’s designation was terminated in November.

Palma pointed to seven legislative proposals in the current Congress that would either extend TPS benefits or give current beneficiaries permanent residency.

Another proposal from Rep. Mo Brooks (R-Ala.) would transfer the responsibility of designation from DHS to Congress and restrict access of undocumented immigrants to TPS.

Palma added that the ultimate goal of many TPS recipients, particularly those who have been in the United States for long periods of time, is to achieve permanent residency.

“If we’re going to take the future of this campaign based on what we have achieved from there to now, I feel confident that it’s not going to be easy but it’s something we can definitely achieve,” he said.

Chen’s order covers only El Salvador, Haiti, Nicaragua and Sudan, which account for a majority of TPS holders.

The most numerically significant TPS countries not included in the lawsuit are Honduras, which has about 57,000 citizens in the program, and Nepal, which has about 9,000. They are not included because their terminations had not been announced at the time the lawsuit was filed.

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What is missing here is decisive, bipartisan Congressional action to resolve some of these issues in a way that the Trump White Nationalists can’t easily undo. Barring that, various aspects  of the White Nationalist anti-immigrant agenda will continue to “bop along” through the lower Federal Courts: sometimes winning, but often losing.

While the GOP right is obviously feeling a sense of invincibility with the likely advent of Justice Kavanaugh, Trump can’t necessarily count on the Supremes to bail him out by intervening in controversial immigration cases. It would be better for the Court, and particularly for Chief Justice Roberts, presumptive Justice Kavanaugh, and the other “GOP Justices” to take on some less controversial issues — ones where they might actually achieve unanimity or near-unanimity first, and save the inevitable, partisan “5-4s” for a later date. That might mean that he fate of many of Trump’s most controversial immigration schemes could remain in the hands of the lower Federal Courts until sometime after October 2019.

Of course, that isn’t necessarily good news for those opposing the Trump agenda: Trump is quickly turning the lower Federal Courts into bastions of right-wing doctrinaire jurisprudence, just as the Heritage Foundation, the Federalist Society, and other right-leaning legal groups have mapped it out.

PWS

10-05-18