Sexual Harassment – immigrationcourtside.com

𝐗𝐗𝐗𝐗𝐗 “SEX & THE COURTHOUSE” 🤯 — A Tragicomic 🎭 Series Starring Judge Merrick Garland & DAG Lisa Monaco As Clueless Leaders Of A Failed Court System Where The Focus Is On Something Other Than Delivery Of Justice!

Sarah Jessica Parker will NOT be appearing in the Garland/Monaco production of “Sex And The Courthouse!”
Photo by Shawn Miller/Library of Congress. Public Domain.

Law360 (February 5, 2024, 6:23 PM EST) — The U.S. Department of Justice will pay $1.2 million to resolve a suit from a former staff assistant who said a California immigration judge routinely subjected her to explicit, lewd comments and once told her he would “make her straight” if they had sex.

By Grace Elletson

This article is “paywalled.” Those with Law360 access can get all the details.

But, the final settlement agreement is public and should give you a picture of what’s happening inside Garland’s often-secretive and dysfunctional “courts.”

Escoto

The Plot

On January 22, 2021, two days after President Joe Biden’s inauguration, then SF Chron reporter Tal Kopan ran an extensive, well-documented expose of the widespread sexual harassment problems at EOIR, the home of the U.S. Immigration Courts at the USDOJ. The story was picked up by other publications. Also, it was highlighted in that day’s edition of “Courtside,” along with a strong suggestion for immediate action addressed to incoming AG Judge Merrick Garland and AAG Vanita Gupta (a former, now very former, “civil rights maven”), both of whom had been nominated but not yet confirmed. See https://immigrationcourtside.com/2021/01/22/🇺🇸⚖%EF%B8%8Fnote-to-judge-garland-and-vanita-gupta-misogyny🤮-is-running-rampant-in-the-eoir-courts-soon-to-be-your/.

Six months later, in apparent response to Tal’s article, Deputy AG Lisa Monaco pledged to root out sexual harassment at DOJ, formed a committee (a bureaucratic device often used for “task avoidance”), and directed it to report within six months. See https://immigrationcourtside.com/2021/07/31/⚖%EF%B8%8Ftal-sf-chron-gets-action-on-sexual-harassment-eoir-rest-of-doj-report-on-problems-in-immigration-courts-finally-spurs-positive-response-but-biden-continue/.

It now appears that Monaco’s efforts at reform have been just as lackadaisical as her implementation of Biden’s Executive order on regulations improving the treatment of gender-based claims at EOIR and elsewhere in Government, and her and her boss’s disturbingly inept approach to EOIR reform generally!

True, many of the actual incidents covered by the complaint in this case happened before Biden took office. See https://immigrationcourtside.com/2023/05/04/%F0%9F%A4%AF-former-employees-explosive-federal-court-allegations-not-everyone-in-eoir-management-focused-on-guaranteeing-fairness-due-process/. But, the plaintiff’s termination by EOIR and her filing of administrative complaints that appear to have been “brushed off” by DOJ took place in 2021 and 2022, after Garland and Monaco assumed office and well after the endemic problems with sexual harassment at EOIR were public knowledge.

Yet, even with clear notice of the festering problems and an opportunity to address them in a way that would “change culture,” it required the institution of a Federal lawsuit by the plaintiff to obtain action and an effective remedy, almost three years after her termination.

Alfred E. Neumann — After years of overt anti-asylum bias and misogyny from Sessions and Barr, long suffering respondents, practitioners, and many EOIR employees expected a “due process/good government renaissance” under former Federal Judge and Supreme Court nominee Merrick Garland. However, despite a few improvements, Garland has “floated above” the chaos and lack of quality control that daily vex and plague those trapped in his dysfunctional, hopelessly backlogged “courts.”
PHOTO: Wikipedia Commons

It’s difficult to quantify the actual costs of EOIR mismanagement by Garland and his political lieutenants. After all, how do you put a money value on wrongful deportations, denial of constitutional rights, being subjected to substandard anti-immigrant decision making, bad precedents, “Aimless Docket Reshuffling” (“ADR”) on steroids, poorly trained judges, years stuck in limbo without the relief to which you are entitled, the effect of statistics manipulated to downplay the number of legal refugees stuck in EOIR’s hellish 3 million+ backlog, “courts” intentionally located in obscure inaccessible locations within the “New American Gulag” (“NAG”) run by DHS, and the overall “customer unfriendly” and often intentionally coercive mess to which those who practice before EOIR and those whose fate is in EOIR’s hands are subjected every working day? You can’t!

Nor is the waste of finite USG resources on chronic structural inefficiencies, boneheaded schemes to expedite dockets as “deterrents,” and ill-advised “defenses of the indefensible” in Federal Courts easy to value. But, in this case, we can quantify the cost to taxpayers of Garland’s and Monaco’s poor leadership — $1.2 million!

I wonder how many qualified accredited representatives a real problem solver and due process innovator like Professor Michele Pistone at VIISTA Villanova could train with that kind of money?

The poor leadership of Garland on immigration matters and the lousy performance of EOIR continue to be drags on the Biden Administration and our justice system. It didn’t have to be this way!

No Longer in the Cast: Former Associate AG Vanita Gupta, who left DOJ after three years of “failing to connect the dots” among civil rights, the rule of law, and the glaring violations of human rights and due process taking place at EOIR and the rest of the immigration bureaucracy. Literally, these abuses took place right under her nose, but apparently below her radar screen!

During Gupta’s tenure, the already horrible treatment of asylum seekers and other migrants of color within EOIR and the immigration bureaucracy actually deteriorated in many ways. Gupta is a sad, yet classic, example of what routinely happens to progressives once they are invited into the “halls of power” within the Government: They get co-opted into defending the status quo and the dangerous fiction of “revolution by evolution.” See, e.g., Perry Bacon, Jr., https://www.washingtonpost.com/opinions/2024/02/06/equity-diversity-inclusion-progressivism-limits/.

Just ask neo-Nazi Stephen Miller how “revolution” really works! He spent every day of his tenure in the Trump Administration single-mindedly working to dehumanize and demonize immigrants, particularly those of color and women, and to strip them of their already overly-limited rights. He paid no attention whatsoever to criticism, naysaying, and resistance from within or without. He took every “defeat” in Federal Court as an invitation to do something even worse and more outrageous.

While Gupta, despite her lofty position and civil right creds, was unable to materially improve the situation of migrants, Miller undid decades of progress on due process, racial justice, gender justice, and good government. Much of the damage he inflicted remains imbedded in the system, at DOJ, DHS, and elsewhere, as do many of those who willingly and enthusiastically assisted him.

The contrast between Gupta’s and Miller’s accomplishments and government “legacies” is a stunning illustration of the difference between Democrats and Republicans when it comes to immigrants’ rights, human rights, and racial justice — the fundamentals of governing. Democrat “political strategists” are belatedly “wondering and wandering” what to do about an “enthusiasm gap” with their core progressive voters who put Biden and Harris in office. The answer is staring them right in the face: Results matter!

🇺🇸 Due Process Forever!

PWS

02-09-24

🤯 FORMER EMPLOYEE’S EXPLOSIVE FEDERAL COURT ALLEGATIONS: NOT EVERYONE IN EOIR MANAGEMENT FOCUSED ON “GUARANTEEING FAIRNESS & DUE PROCESS!”

“Lust and Avarice”
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Thomas Rowlandson
Creative Commons Zero, Public Domain Dedication

This item was originally reported by Bloomberg Law. From the complaint in Escoto v. Garland, USDC CD CA:

Escoto v Garland

INTRODUCTION

1. Plaintiff CLAUDIA ESCOTO, while working as a Staff Assistant to Assistant Chief Immigration Judge Scott Laurent was subjected to egregious and continual sexual harassment, including Judge Laurent describing in graphic detail other judges and employees he wanted to have sex with, or had sex with, in what positions he wished to have sex and in what manner. Judge Scott Laurent discussed in lurid detail the physical attributes of attorneys who came before him to represent litigants and the government and further discussed attraction to and/or sexual relations with other judges. Judge Laurent regularly subjected Plaintiff to rambling diatribes regarding the breasts, attractiveness and whether he deemed the female attorneys and judges “fuckable.” Judge Laurent also regularly discussed female colleagues and employees in a degrading and sexual manner, discussing in graphic detail who he wanted to have sex with, the physical attributes of female employees and judges. Judge Laurent engaged in this conduct even when in judge’s robes when on the bench. Judge Laurent subjected Plaintiff to graphic description of sexual relations he was having with his wife and other women, including during what was supposed to be work hours.

2. Judge Laurent touched Plaintiff without her consent in a sexual manner, repeatedly placing his hand on Plaintiff’s upper leg when she traveled in a car with him, and ensuring his right arm touched her breasts. This was unwelcome and deeply disturbing to Plaintiff.

3. Judge Laurent further demeaned Plaintiff’s sexual orientation, claiming he could turn her straight (referring to his supposed sexual prowess if Plaintiff had sexual relations with him), referred to Plaintiff’s wife’s breasts and attractiveness and demanded that Plaintiff come “sit on Daddy’s lap,” referring to himself as “Daddy.” He would also proclaim “I can turn you straight, Baby!”

4. Judge Laurent’s conduct caused Plaintiff severe emotional impacts, including causing fainting spells, among other severe reactions. Plaintiff requested a medical leave, during which time

Judge Laurent continued to contact Plaintiff to pressure her to work. He denied Plaintiff’s extension of leave, improperly placing her on AWOL status, even though Plaintiff had leave time. Plaintiff requested a reasonable accommodation of reassignment to a different supervisor where she would not be subjected to this egregious sexual harassment. This request was denied by Defendant. Defendant then acted on Judge Laurent’s recommendation to fire Plaintiff shortly after receiving Plaintiff’s complaints of sexual harassment, discrimination, and retaliation, having taken no actions to address Plaintiff’s complaints, other than to fire her.

5. Judge Laurent’s actions show no respect for the sacred office he holds, demean the entire justice system, and turn what should be a model employment environment into a cesspool, where Plaintiff was made to endure an onslaught of sexual comments and sexual advances, ultimately being fired when she had the bravery to come forward. Plaintiff CLAUDIA ESCOTO, as well as the justice system itself, deserved so much better. Defendant must be held to account.

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

These are only unproven allegations in a court complaint at this point! But, if any of this is true, it would confirm that there are some deep “cultural” issues at EOIR that leadership has not dealt with.

“Expedited/dedicated dockets” and other “haste make waste” nonsense that misses the mark at EOIR aren’t going to solve systemic issues affecting due process and fundamental fairness for the millions whose lives and futures are pending in our broken and dysfunctional Immigration Courts!

🇺🇸 Due Process Forever!

PWS

05-04-23

⚖️TAL @ SF CHRON GETS ACTION ON SEXUAL HARASSMENT @ EOIR & REST OF DOJ! — Report on Problems In Immigration Courts Finally Spurs Positive Response! — But Biden Continues To Flail Around Unnecessarily On Restoring Asylum & The Rule Of Law At Our Borders! — Where Is The Enlightened Progressive Leadership We Need?

https://www.sfchronicle.com/politics/article/Justice-Department-to-overhaul-its-sexual-16352255.php

WASHINGTON — The Department of Justice will examine its sexual harassment policies for potential reform, a move that comes after The Chronicle’s reporting on inappropriate behavior in the immigration courts, according to an announcement obtained by the newspaper.

The announcement went out to all department staff Thursday in an email seen by The Chronicle. In it, Deputy Attorney General Lisa Monaco wrote it was “critical to our duty as principled defenders of the law to combat sexual harassment and misconduct in our own workplace and hold offenders accountable for their actions.”

Monaco said she is forming a committee to review all sexual harassment policies of the many sub-agencies of the Justice Department and assess where they may need to be changed, as well as evaluate current training and education. Two senior officials from her office will chair the effort and include members from across the department, and she said she wanted results of the review in six months.

. . . .

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

Thanks, and congrats, Tal! Those with access can read the rest of Tal’s report at the link.

How very timely! I just got done posting an article about the need for better Immigration Judges. https://immigrationcourtside.com/2021/07/30/%e2%9a%96%ef%b8%8f%f0%9f%a7%91%f0%9f%8f%bd%e2%80%8d%e2%9a%96%ef%b8%8f-why-better-immigration-judges-matter-new-study-shows-that-who-your-judge-is-where-he-or-she-is-located-what-administ/

Not surprisingly, according to the research, the fairest Immigration Judges for asylum applicants and other migrants “profile” as female, with immigration experience, in the 9th Circuit, in a Dem Administration. Not exactly the Sessions, Barr, Garland (to date) judicial profile. That could have something to do with these festering problems at EOIR that haven’t been dealt with despite numerous warning signs and “alerts.”

Also, the Garland DOJ would do well to investigate and correct the effects of the virulent misogyny directed at female refugees of color by Sessions, Barr, and their toadies and furthered by EOIR policies, procedures, and precedents over the past four years. Endemic problems don’t happen by chance!

According to the Ryo-Peacock study I posted, the “difference” that better Immigration Judges could make is over 200,000 lives potentially saved or altered for the better. That’s not exactly “chump change,” particularly when the interests of family members, employers, communities, our larger justice system, and our overall society are considered.

It also calls into question the apparent lack of seriousness with which “Team Garland” has taken Immigration Judge appointments to date. Throwing dozens of “not the best qualified available” IJs — without any concerted recruitment or diversification efforts — into an already broken, biased, and reeling system that deals with human lives in a cavalier manner is NOT GOOD POLICY! Particularly when the chronic problems of bad judging at EOIR had been clearly and articulately identified and many viable action plans and reform programs had been set forth by private sector experts even before the 2020 election.

EOIR needs new progressive leadership, a new progressive expert BIA that will truly be the “Supreme Court” of immigration and human rights, and better qualified and more diverse Immigration Judges who finally will implement the noble and correct vision of “through teamwork and innovation, being the world’s best tribunals guaranteeing fairness and due process for all!” That would include treating all individuals coming before the courts, staff, and colleagues with dignity, respect, and fairness.

Sadly, the Biden Administration’s immigration policies, whatever they are on any particular day and place, seem to be mired in confusion, questionable competence, and a barrage of largely meaningless and confusing bureaucratic doublespeak. Meanwhile, in reality, it appears that Central Americans, Haitians, and others are being returned to danger zones without any process in place to insure fair treatment. Certainly, “Title 42” is the equivalent of no process whatsoever. While “expedited removal” might have the potential to be used fairly, there is little reason to believe that it is now being fairly and professionally administered by anyone committed to fundamental fairness over expedient enforcement.

Yes, Garland has sued racist moron Gov. Greg Abbott on his illegal Trumpist grandstanding (like Texas doesn’t have real problems to solve?). Stunts like Abbott’s were entirely predictable. However, if the Biden Administration had “hit the ground running” on asylum, the issue might well have been put to bed by now, and Abbott might have to focus instead on his normal job of mis-governing Texas, rather than focusing attention elsewhere.

The Administration could and should have had a robust refugee system up and running in the Northern Triangle that would reduce border pressure, a functioning asylum system that would encourage asylum applicants to apply at ports of entry rather than seeking irregular entry, a professional screening program in place at DHS, and a relatively “backlog free” Immigration Court, led by a progressive BIA, providing positive guidance on cases that could be granted. They would also have resettlement agreements and programs in place with NGOs and legal service groups to appropriately represent and resettle those granted asylum and those in the process to the locations where they could best reside.

Fair, expert, courageous leadership, leadership with a humane, positive, practical vision of immigration and an unswerving commitment to fairly granting asylum, is critical to success on immigration, human rights, and racial justice issues. So far, nobody in the Biden Administration appears to fit the bill! That’s probably why the Administration’s confused and ever-vacillating policies are being blasted by both progressives and reactionaries — the worst of all political worlds, as I have observed before!

There are experts out here in the private sector with the vision and leadership ability to solve these problems while putting White Nationalist restrictionists like Abbott in their place. Even though it’s late, the Biden Administration still needs to get a better team in place and let them solve the problems with knowledge, competence, and compassion, not more “knee-jerk reactions” and continuations of the cruel, inhumane, counterproductive, and often illegal policies and practices of the Trump regime.

🇺🇸Due Process Forever!

PWS

07-31-21

The Plot

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