TAL @ CNN: WHILE GOVERNMENT CLAIMS TO COURT THAT FAMILY REUNIFICATION HAS BEEN SUCCESSFUL, IN FACT, THE SITUATION REMAINS A SELF-CREATED MESS, RIFE WITH UNNECESSARY CRUELTY, HEARTBREAK, UNFATHOMABLE CHOICES – The Ugliness Of What Trump & Sessions Have Done & How They Have Done It Will Haunt Our Country For Decades!

https://www.cnn.com/2018/07/26/politics/separated-parents-facing-deportation/index.html

TAL REPORTS ON CNN:

Washington (CNN)What strikes Lauren Kostes is the silence.

“It’s just depressed silence. It’s a heartbreaking kind of silence,” she said.

It’s the moment when she tells an immigrant parent they are set to be deported and must choose whether to take their child with them.

Judge ahead of family reunifications deadline: Progress ‘remarkable’ but still ‘deeply troubling’

“They know that with this, their relationship with their child will be forever changed. And you can clearly see them going through every consequence in their head,” said Kostes, an immigration attorney with legal assistance foundation Florence Project.

Thursday marks a court-ordered deadline for the government to reunite families it separated at the border. Of the nearly 2,600 children the government identified as separated from their parents, more than 460 have parents who are likely to already have been deported without them, something the government says was done with the parents’ consent.

Of the ones still in the US, 900 are facing final orders of removal that could result in them being deported as soon as the federal judge in the reunions lawsuit lifts a temporary hold he put on deporting separated families.

Even before the Trump administration deployed a policy that separated those thousands of immigrant families at the US border, immigration attorneys have at times had to inform clients that their children may have stronger claims to stay in the US than they do as a family. For some families, leaving the child behind is the only way they see to save that child’s life.

Migrant women remain in legal limbo while waiting to see their children

Under normal circumstances, that’s a difficult decision. So the American Civil Liberties Union is asking the judge to give parents seven days after reunification to make the decision, given the added trauma and confusion caused by the separation in the first place, as a part of the lawsuit it brought over the separations.

Audio obtained exclusively by CNN of mothers appearing in immigration court while separated from their children gives voice to the anguish they face. “I cannot continue with this anymore. What I want is to be with my son,” one woman pleads with the judge as he tries to conduct a hearing on whether she can pursue asylum in the US.

Those mothers were ordered deported by the judge but remain in the country, CNN confirmed. They have since been reunited with their children.

But for the parents facing deportation, in that moment, they are “thinking, ‘What does this mean? What does this mean for me, what does this mean for my child, what is the best decision?’ ” Kostes said. “It’s a silence of processing and working through every possibility.”

Separations lead to complicated court cases

When the administration began separating migrant families who had crossed the border without permission as part of its “zero tolerance” prosecution initiative, it split their immigration cases as well. Parents remained in detention near the border for the most part, moving rapidly through court dockets historically unfriendly to immigrants’ claims that found hundreds of them eligible for deportation. That process was only compounded by a reinterpretation of asylum law by Attorney General Jeff Sessions that made it nearly impossible for victims of gang and domestic violence to qualify for asylum in the US. Experts say that reversal has especially affected the Central American migrants who try to cross the southern border, thousands of whom cross each month.

Trump’s immigration policies were supposed to make the border safer. Experts say the opposite is happening.

The separated children were put into Health and Human Services custody and given their own court proceedings. Court settlements and anti-human-trafficking laws in the US also give children a different set of protections than families and adults have in the immigration system, generally meaning their court cases proceed much more slowly than their parents’ and giving them a better chance of qualifying for protections in the US.

Once the parent is given an order of deportation, they are presented with a form by the government, offering them to either be deported with their child or without.

The separation process is difficult for lawyers as well.

The ACLU has also argued that the separation has made offering legal advice to those families more complicated. Asylum claims require detailed evidence and testimony, and in some cases, the parent or child may have access to evidence the other does not. Parents are under extreme emotional distress during the separation, their attorneys say. Children, meanwhile, are given caseworkers, who may have worked with the child to determine possible claims they have in the US.

When they are reunited, there are other barriers to giving adequate legal advice. In a Wednesday court filing, the ACLU included an affidavit from Manoj Govindaiah of the nonprofit Refugee and Immigrant Center for Education and Legal Services. He described reunited families being inseparable and deeply suspicious of anyone, even those purporting to help.

“In one case, we had been discussing the complicated procedural posture of the father’s and his son’s cases, that he had received a negative expedited removal order and was facing deportation, while his son could still apply for asylum. When he asked for clarification of what that meant, I explained that it could result in his son remaining in the United States without him. We could not complete our meeting because his crying prevented us from effectively discussing his legal case,” Govindaiah wrote.

As key deadline looms, court filings suggest the family separation crisis isn’t over

Kostes said she and her colleagues will often have to counsel the parents over multiple visits regarding their options. The weight of the decision is often too much for one meeting, she said.

With separated parents in particular, she said, many have been asked to make this decision before they have seen their child and with little communication — at best.

“What we are seeing is the parents accept that for the child it’s best for them to stay here, but we’re hearing things like, ‘If they deport me, I just want to say goodbye to my child. I’ll accept deportation but I just want a chance to say goodbye,’ and that’s just really heartbreaking,” Kostes said.

A harrowing choice

Many thus far have opted to be deported alone.

Trump administration officials have portrayed the decision as an easy one. Asked by reporters about the potentially hundreds of parents deported without their children over the course of the zero tolerance policy, officials reiterated the parents had consented.

“Those individuals, as has always been our policy, were provided the opportunity to take their child with them pursuant to their removal. Those individuals declined to do so,” said Matthew Albence, chief of Enforcement and Removal Operations at Immigration and Customs Enforcement. “They are not going to generally take that child back with them after they’ve accomplished their smuggling.”

“Why we’ve seen many of these parents who have been removed decline to take their child is because they completed the smuggling act,” he said in a different call. “That was the intended goal of their illegal entry in the first place.”

The parents for the most part have been charged only with misdemeanor illegal entry to the US, if anything, and not with smuggling.

Attorneys like Kostes, who works with the nonprofit immigrant assistance program the Florence Project, say the reality for these parents is much starker and more difficult.

Impact of Sessions’ asylum move already felt at border

For many Central Americans, the journey north is spurred by gang threats, according to experts and immigration advocates. In one example, Lenni Benson, a New York Law School professor who’s executive director of the legal assistance program Safe Passage Project, had a recent client on the border who was facing deportation and had to decide whether to take her 17-year-old daughter with her. CNN has agreed to withhold her identity for safety considerations.

The Central American migrant ran a small business back home with her daughter. As the business grew, the blocked-number calls started.

The gangs began to threaten and try to extort her. She changed her number. They found her again and kept calling. Then the gangs began telling the mom, a survivor of assault herself, what her daughter looked like and what time the girl would leave home in the morning.

The mother told Benson the gangs “said that ‘she would pay the price. And I know what they do to people,’ ” Benson recounted the woman telling her.

The mother did not tell her daughter about the threats, but they packed up and sneaked into the US. The two were held together in family detention, but Benson had to tell the mother that if she failed to convince the government to re-hear her plea for asylum, her daughter may have an independent claim because of the nature of the threats.

“It was horrible to say, as a lawyer, as a law professor, as a mother, as a human being,” Benson said. “I said to myself, ‘What would I do?’ I would do what parents have always done and said, ‘My child comes first.’ “

Most of the children whose parents opt to leave them in the US are older, usually 11 and up, Kostes said. They are also likely to have family in the US who can care for them.

CNN spoke with one woman, Jennifer, who was in detention awaiting reunification with her 6-year-old daughter. She has not yet been ordered deported, but said that if she had to make the choice, she would take her child. CNN agreed to identify her only by her first name.

The options parents facing deportation have after they’ve been separated from their kids

“It was a really hard decision to make. I was going to decide to take my child because I didn’t know what else to do,” Jennifer said of her decision to flee to the US, as translated by CNN. “Of course I would take her (if deported). I can’t leave her. … Thank God I didn’t have to make the decision.”

But Jennifer says she cannot go home to Honduras, where the gangs are threatening her family even after she tried to move to the mountains away from them. “The gangs are everywhere,” she added.

“For those who were going to leave their kids behind … they would do it for a better future for the child,” Jennifer said. “In Honduras, for real, there’s nothing there for them.”

CORRECTION: This story has been updated to reflect that Lenni Benson is a professor at New York Law School.

CNN’s Nick Valencia and Catherine Shoichet contributed to this report.

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And, as stories elsewhere have shown, these cruel, unnecessary, and downright idiotic policies are far from promoting effective law enforcement. In fact, Sessions has actually abused his power by making the border and the country less safe in almost every conceivable way!

I go back to Eugene Robinson’s key question: why are the wrong individuals in jail here? Why aren’t those in this Administration, like Sessions, who knowingly and intentionally created this mess being held accountable?

PWS

07-27-18

SESSIONS & TRUMP: MS-13’S BEST FRIENDS! – Tal Kopan @ CNN Confirms What I Have Been Saying All Along! – Administration’s “Gonzo” Immigration Enforcement Strengthens, Empowers, Emboldens Gangs While Harming Victims!

Trump admin was warned a policy change could strengthen MS-13. They did it anyway.

By Tal Kopan, CNN

The Trump administration was warned that ending US protections for more than 300,000 Central Americans would strengthen and grow MS-13 and gangs that President Donald Trump has called “animals,” according to an internal report obtained by CNN.

But the administration went on to end the protections for citizens of El Salvador, Haiti, Honduras and Nicaragua regardless.

The warnings came from experts at the State Department in October 2017, and were attached to a letter from then-Secretary of State Rex Tillerson to then-acting Homeland Security Secretary Elaine Duke.

The State Department also warned that ending the “temporary protected status” program could also hurt US national security and economic interests, including by driving up illegal immigration.

The program covers migrants in the US of countries that have been hit by dire conditions, such as an epidemics, civil war or natural disasters. Previous administrations spanning party had all opted to extend the protections for Central America every roughly two years.

“Many of the deportees would be accompanied by their US-born children, many of whom would be vulnerable to recruitment by gangs,” warned the section on Honduras.

“The lack of legitimate employment opportunities is likely to push some repatriated TPS holders, or their children, into the gangs or other illicit employment,” warned the section on El Salvador.

“With no employment and few ties, options for those returning to El Salvador and those overwhelmed by the additional competition will likely drive increased illegal migration to the United States and the growth of MS-13 and similar gangs,” the report added.

Trump has called MS-13 “animals.” “We have people coming into the country, or trying to come in. … You wouldn’t believe how bad these people are. These aren’t people. These are animals,” he said in May, later explaining he was speaking about the vicious gang.

More: http://www.cnn.com/2018/07/25/politics/trump-gangs-temporary-protected-status/index.html

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Once again, ignorant and biased Administration political officials ignore the advice of the Government’s own experts!

This article doesn’t even focus on another major way in which Trump & Sessions empower MS-13. By unnecessarily sowing terror in ethnic communities in the U.S., they are precluding cooperation with local police against gangs, making young people in the community “easy marks” for gangs, and by dehumanizing all migrants they are sending a strong message that a young person can only be empowered and respected by joining a gang. Not only that, but the perception of “Old Anglo White Guys” like Trump & Sessions in charge of the Administration’s anti-gang initiatives makes them totally ineffective.

Combatting gangs in a difficult problem that requires well-considered, nuanced solutions involving local police, educators, social workers, positive role models, and local communities, including both documented and undocumented community members.

We’ve proven over and over again that “deportation only” approaches not only don’t solve gang problems, but make them much worse. When policies are driven by racism, bias, and White Nationalism, the result is almost certain to be stupidity and futility.

PWS

07-25-18

TAL & CNN: LISTEN AS TRAUMATIZED MIGRANT MOMS BEG FOR THEIR LIVES AND THEIR CHILDREN IN IMMIGRATION COURT – BUT THERE IS NO MERCY, LAW, OR DUE PROCESS IN THE AGE OF SCOFFLAW CHILD ABUSER JEFF SESSIONS!

Exclusive: Listen to separated moms beg for their kids in court

By Tal Kopan and Nick Valencia, CNN

Washington (CNN)Newly obtained audio reveals the anguish of parents separated from their children, as it pours from them in immigration court while a judge finds them ineligible to stay in the United States.

In recordings of two court proceedings obtained by CNN, two women who have been separated from their children plead with an immigration judge to reunite them, as he asks them if they have any evidence to back up their asylum claims.

Their attorneys also ask the judge to give them another chance to make their cases, citing their mental health after the prolonged separation from their children.

In both cases, however, the judge denies the requests, and orders the women deported from the country. CNN has received permission from the women to share the audio of their hearings, but is not identifying them for their protection.

While the hearings are just two of thousands of similar proceedings regularly held across the country, they are an indication of the struggles of parents who have been separated from their children for weeks or longer in their quest to stay in the United States. Thousands of parents were separated from their children at the border under the Trump administration’s now-reversed “zero tolerance” policy that prosecuted all adults caught crossing the border illegally, including parents with their children.

Advocates for the immigrants broadly say the parents are being rejected for pursuing asylum at record numbers, in part because they are so distraught.

The hearings were conducted before Judge Robert Powell at the immigration court at the Port Isabel Detention Center on two separate days in July. During one of the hearings, the woman is audibly sniffling and distraught, telling the judge she feels too ill to continue. Neither lasts as long as 10 minutes.

“Well I’ll tell you what, ma’am, what I can do, I’ll put you on the back side of the calendar today, give you time to compose yourself,” Judge Powell tells her. “If you think you need to go to the medical unit, you can go to the medical unit. What do you want to do?”

“What I want is to be with my son,” the woman replies, via an interpreter.

More: https://www.cnn.com/2018/07/24/politics/exclusive-audio-separated-parents-in-court/index.html

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Obviously, no Due Process here!

No excuse for proceeding with a hearing of any type under these conditions! Is this how we want to be remembered? If not, what have you done today to promote “regime change” and to force both Congress and the Article III Courts to live up to their responsibilities and stop this abuse of our laws and our Constitution? This is a charade of a “court” system, in prisons, run by scofflaw child abuser Jeff Sessions and featuring some “judges” unwilling to stand up to his abuses and enforce Due Process (not to mention common sense, respect, and human decency).

These folks are entitled to fair access to counsel, a reasonable chance to prepare and document a case, and a fair and impartial judge. That’s not happening right now.

PWS

07-25-18

TAL @ CNN EXPOSES ADMINISTRATION’S IDIOCY ON TPS! – Ignoring Informed Advice! — Nobody But the Racist/White Nationalists Thought Ending TPS Was A Good Idea!

Documents reveal DHS knew ending protections could cause more, not less, illegal immigration

By Tal Kopan, CNN

The Trump administration was warned by intelligence analysts that ending protections for hundreds of thousands of Central Americans living in the US would likely drive a spike in illegal immigration. They did it anyway.

That intelligence assessment was made public late Tuesday as part of an ongoing lawsuit against the Department of Homeland Security over the termination of Temporary Protected Status for citizens of multiple countries, many of whom have lived in the US upwards of two decades.

Questions have swirled since the administration began systematically terminating the majority of TPS designations on the books, impacting more than 400,000 immigrants who have lived in the US for years. The administration justified the moves by citing the law, saying that the Department of Homeland Security was compelled to end the protections because conditions from the original disasters that precipitated the protected status had improved.

But the intelligence report and another email from the acting secretary last year to White House chief of staff John Kelly add to other uncovered documents that raise serious questions about whether the Trump administration ignored its own experts’ analysis and recommendations to fulfill a pre-ordained objective.

The email explains that the administration was intending to “send a clear signal that TPS in general is coming to a close.”

The analysts’ report and email were revealed as part of a dispute in the lawsuit over the production of the internal documents that were used to come to the decision. Attorneys representing the immigrants suing in the case argue the government has been too slow to produce the documents.

More: http://www.cnn.com/2018/07/18/politics/internal-dhs-tps-documents-elaine-duke-email/index.html

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Much like Sessions’s uncalled for action in overruling Matter of A-R-C-G- on domestic violence, the Administration took a part of the immigration system that was working well, benefitting both the U.S. and migrants, and causing no harm, and made it a problem. Guided by White Nationalism, rather than the law, sound advice, or pragmatism, this Administration’s immigration policies aim to “ramp up” undocumented immigration to build the unneeded “Wall.” Then, when that also predictably fails to stem the tide, they will claim that there is a fake “immigration emergency” and seek to impose extraordinary measures to deal with mess that they created.

It’s like the “Reichstag Fire” over and over again. Don’t let them get away with it!

PWS

07-18-18

LISTEN TO TAL KOPAN AND CATHERINE SHOICHET OF CNN DISCUSS SEPARATION OF MIGRANT FAMILIES ON THIS PODCAST!

Here are Tal and Catherine for your listening pleasure:

http://podcasts.cnn.net/embed/single/skin/xqwdnq/the-latest-in-immigration.html

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My takeaways:

No immigration crisis here; this is a humanitarian crisis created solely by the cruel and perverted actions of this Administration;
Good Government solves problems; the Trump Administration creates problems that it has neither plans nor the ability to solve = Bad Government;
It’s always easier to create a mess than to clean it up;
Each individual lawsuit against the Trump Administration is an important step in upholding American democracy;
Only the Article III Courts have the ability to get some truth out of an inherently dishonest and disingenuous Administration;
The free press is playing a critical role in exposing the intentional cruelty, incompetence, and fundamental dishonesty of the Trump Administration;
Messing with kids is always stupid as well as inhumane;
Under the GOP, Congress has abdicated its role, basically leaving the Executive and the Judiciary to govern;
Right now, Trump has the upper hand with the GOP Congress stuffing the Courts with “go along to get along” appointees who won’t stand up for our country or to Trump & Sessions!

CONCLUSION: WE NEED REGIME CHANGE NOW! THE ONLY WAY TO GET IT WILL BE AT THE BALLOT BOX THIS FALL. GET OUT THE VOTE! JUST SAY NO TO TRUMP, SESSIONS, THEIR GOP ENABLERS & THEIR REGIME OF CRUELTY, INCOMPETENCE, & DISHONESTY!

PWS

07-18-18

COURTS: TIMEOUT ON THE KILLING FLOOR! – JUDGE SABRAW TEMPORARILY HALTS DUE-PROCESS-LESS DEPORTATIONS OF REUNITED FAMILIES TO HARM’S WAY – Will Hear Arguments From Both Parties, As He Tries To Figure Out Just What Nefarious Plan Sessions Has Up His Sleeve Now!

https://www.cnn.com/2018/07/16/politics/family-separations-border-reunification/index.html

Tal Kopan and Laura Jarrett report for CNN:

(CNN)A federal judge on Monday ordered the US government to temporarily pause deportations of reunited families to allow attorneys time to debate whether he should more permanently extend that order.

San Diego-based US District Court Judge Dana Sabraw addressed the issue at the top of a status hearing in a continuing family separations case filed by the American Civil Liberties Union.

Sabraw ordered the pause to allow for a full written argument on the ACLU’s request to pause deportations of parents for a week after reunification.

The ACLU argued that the week would be necessary for parents to have time to fully consider the decision whether to have their children deported along with them.

The ACLU’s filing was made earlier Monday morning, and Sabraw gave the Department of Justice a week to respond.

But in the meantime, he ordered a “stay” of deportations until that issue can be litigated.

Lawyers for the ACLU said their motion was due to “the persistent and increasing rumors — which Defendants have refused to deny — that mass deportations may be carried out imminently and immediately upon reunification.” They argue this issue is “directly related to effectuating the Court’s ruling that parents make an informed, non-coerced decision if they are going to leave their children behind.”

“A one-week stay is a reasonable and appropriate remedy to ensure that the unimaginable trauma these families have suffered does not turn even worse because parents made an uninformed decision about the fate of their child,” the ACLU’s lawyers added.

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Sounds like in the end, the “No-Due-Process Deportation Machine” will be allowed to resume. But, at least this gives the Judge a little time to pin the Government down on exactly what they are doing and to see for himself how Due Process is being compromised on a large-scale basis. In the end, permanently halting the “Deportation Railroad” might be beyond the scope of this particular suit. Stay tuned for the result. However it comes out, it’s always good to make a complete record of the Government’s misconduct and revolting disrespect for laws, human life, fundamental fairness, and human dignity for the history books and future generations.

And, many thanks to Tal & Laura for being “on top” of his breaking story.

PWS

07-16-18

TAL @ CNN: UNDER SESSIONS’S “DUE PROCESS FREE REGIME” ASYLUM APPLICANTS RETURNED TO DANGER IN HOME COUNTRIES WITHOUT FAIR CONSIDERATION OF CLAIMS — US IMMIGRATION JUDGES PARTICIPATE IN “DEPORTATION RAILWAY!”

Impact of Sessions’ asylum move already felt at border

By: Tal Kopan, CNN

Immigrants are already being turned away at the border under Attorney General Jeff Sessions’ recent reinterpretation of asylum law. And advocates for them fear there may be no end to it anytime soon.

In fact, immigration attorneys fear tens of thousands of migrants could be sent home to life-threatening situations before the courts are able to catch up.

Signs have already popped up across the border that their fears are being realized.

Over just a few days in immigration court early this month near Harlingen, Texas, CNN witnessed multiple judges upholding denials of claims of credible fear of return home, explicitly saying that gang violence and such fears do not qualify.

Immigration Judge Robert Powell at Port Isabel Detention Center, for example, upheld two denials of credible fear for immigrants, one man and one woman, paving the way for their immediate deportation.

Tightly clutching a rosary, the woman, Marcella Martinez, begged the judge to reverse the decision. With tears in her eyes, Martinez asked to provide testimony to the court.

“I can’t go back to Honduras” she said. “I was threatened over the phone, and need to stay here for the opportunity.”

The judge found, nevertheless, that Martinez didn’t enter anything into evidence that would qualify as going beyond the burden of proof required for her initial fear assessment. He informed her that the decision of denial was affirmed.

She exited the courtroom sobbing.

In another courtroom, Immigration Judge Morris Onyewuchi heard the case of Sergio Gavidia Canas, who had an attorney. But the judge said that because of the scope of proceedings, the attorney could not advocate on Canas’ behalf.

Canas, an El Salvador native, said he feared for his life back home, as he had been threatened and beaten by three gang members in front of his currently detained minor daughter.

He said he was a proud owner of a bus company in his native country, and that a gang had come to him demanding the transport of weapons and drugs. When he refused, he was severely beaten in front of his child.

He added that his initial asylum interview took place when he was distraught and worried about his daughter, which is why he didn’t provide this additional information at the time.

The judge indicated that “gang threats don’t fall under the law for asylum” and upheld his denial.

Much more:

http://www.cnn.com/2018/07/14/politics/sessions-asylum-impact-border/index.html

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Important to remember:

These asylum applicants are being returned, without appeal, under Matter of A-B- which has never been “tested,” let alone upheld, by any real Article III Court;
These unrepresented individuals have no idea what Matter of A-B- says;
Outrageously, and in violation of both common sense and and common courtesy, Sergio Gavidia Canas actually had a lawyer, but Judge Morris Onyewuchi wouldn’t let the lawyer participate in the hearing (by contrast, I never, ever, prevented a lawyer from participating in a credible fear review — in fact, if the person were represented and the lawyer were not present, I continued the hearing so the lawyer could appear, as required by Due Process and fairness);
Even though Matter of A-B– left open the possibility of some valid individual claims involving domestic violence or gang violence, these Immigration Judges appear to be making no such inquiry (the, apparently intentional, misapplication of Matter of A-B- by Asylum Officers and EOIR was mentioned in a previous blog by Judge Jeffrey Chase (https://wp.me/p8eeJm-2Ob));
These Immigration Judges also do not appear to be exploring the possibility of asylum claims based on other grounds;
These Immigration Judges do not appear to be making an inquiry into whether these individuals might also have a reasonable fear of torture;
In other words, this is a system specifically designed and operated to reject, rather than protect under our laws!

PWS

07-16-18

MORE ON USCIS “DEATH SQUADS” FROM TAL@ CNN!

Trump administration to turn away far more asylum seekers at the border under new guidance

By Tal Kopan, CNN

The Trump administration is implementing a new asylum policy at the border that will result in potentially thousands of asylum seekers being turned away before they can plead their case in court.

The guidance, reviewed by CNN, also applies to refugee applicants — immigrants seeking similar protections in the US who are still abroad.

Under new guidance given Wednesday to the officers who interview asylum seekers at the US’ borders and evaluate refugee applications, claims based on fear of gang and domestic violence will be immediately rejected. In addition, the guidance tells officers they should consider whether an immigrant crossed the border illegally and weigh that against their claim, potentially rejecting even legitimate fears of persecution if the immigrant crossed illegally.

The move is likely to draw swift condemnation from immigration advocates and legal challenges. Advocates say international law is clear that asylum claims are valid even when a migrant enters a country illegally. They also argue that rejecting these traumatized immigrants puts their lives at risk immediately upon their return home.

The changes being implemented by the Department of Homeland Security come on the heels of Attorney General Jeff Sessions’ decision last month that gang and domestic violence victims no longer qualify for asylum. Asylum protects migrants already in the US who fear persecution in their home country.

More: http://www.cnn.com/2018/07/11/politics/border-immigrants-asylum-restrictions/index.html

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Ah, the transition to the “Banana Republic of America!”

PWS

07-12-18

LIFE IN THE PARALLEL UNIVERSE: HERE’S A SHOCKER FROM TAL & SAM PATELLA @ CNN: TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT POLICIES UNRELATED TO REALITY!

3 graphs that explain Trump’s dilemma on the border

By Tal Kopan and Sam Petulla, CNN

President Donald Trump’s now-reversed “zero-tolerance” policy to prosecute parents who illegally cross the border with their children did not come out of thin air.

The policy, which drew international outcry for its effect of separating thousands of immigrant families, followed months of previous Trump administration efforts to change border policies, including by rolling back a host of protections for immigrant families put in place by courts and Congress.

Though these moves are partly a reflection of this President’s far more aggressive stance toward immigration, they also reflect this simple fact: Migration at the southern border today is entirely different than it was five years ago.

Much of Trump’s rhetoric on the border harks back a decade, to a time when mostly Mexican individuals were crossing the border illegally in huge numbers looking for work.

But today the situation is far different. Illegal immigration from Mexicans has dropped substantially, and increasingly migrants are fleeing violence and instability in Central America.

The pool of migrants is also increasingly made up of families and of children on their own. Many of them seek asylum when they arrive, believing they may qualify for protections designed for immigrants fleeing persecution in their home countries. They may also know that the court backlog means they’ll likely get to live in the US for at least a few years while they pursue their claims.

More: http://www.cnn.com/2018/07/11/politics/trump-border-immigration-charts/index.html

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WOW! You mean White Nationalism, Racism, and Child Abuse aren’t good policies? Who would have thought that?

But remember, truth, facts, common sense, and human decency are all irrelevant in the Trump Regime!

PWS

07-11-18

TAL @ CNN – JUDGE “VERY ENCOURAGED” WITH PROGRESS ON REUNITING CHILDREN WITH FAMILIES!

Only 54 children to be reunited by court deadline, but judges praises ‘progress’

By Tal Kopan and Catherine E. Shoichet, CNN

Roughly half of the children under 5 years old who were separated from their parents at the border will be back with their moms and dads by a court-imposed deadline Tuesday, but the Trump administration is still not sure when the rest will be reunified.

Still, at a court hearing on Monday, the federal judge who set the deadline for reunifications said he was “very encouraged” thus far.

“There’s no question that the parties are meeting and conferring,” District said. “This is real progress and I’m optimistic that many of these families will be reunited tomorrow, and then we’ll have a very clear understanding as to who has not been reunited, why not, and what time-frame will be in place.”

The hearing only covered the roughly 100 children under the age of 5 who were separated from their parents under the administration’s “zero tolerance” border prosecution policy. That group must be reunited by Tuesday under a deadline Sabraw set two weeks ago, when he first ordered the government to put the families back together.

The government still has thousands more children aged 5 and older in its custody that it will have to reunite by July 26 — but the hearing did not cover that group.

Attorneys for the government and the American Civil Liberties Union, which filed the original lawsuit challenging family separations, said they worked together intensely over the weekend to identify the families affected by the deadline and to work out how to move forward.

Justice Department attorney Sarah Fabian provided the court with the most detailed data thus far on the 102 children under age 5 whom it identified as separated from their parents at the border.

More: http://www.cnn.com/2018/07/09/politics/family-separations-reunification-hearing/index.html

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For everyone’s sake, let’s hope it all comes together.

PWS

07-10-18

INSIDE AMERICA’S HORRIBLE WHITE NATIONALIST REGIME WITH TAL @ CNN: 1) Trump Never Planned To Reunite Children With Families; 2) Tom Homan Retires – Trump Sycophant Made ICE America’s Most Despised Agency; 3) Sessions Planning To Follow Child Abuse With Barrage Of Racist Lies, Massive Violations Of Constitution, Abuses Of Human Rights, & Vicious Attacks On Rights Of Vulnerable Brown-Skinned Refugees!

1) Government never had specific plan to reunify families, court testimony shows

By: Tal Kopan, CNN

In recent weeks, the government has stumbled trying to explain its plan for reunifying families in the wake of its much-criticized family separations policy at the border.

But newly reviewed court filings show that the byzantine system that has resulted in thousands of children separated for weeks and months from parents elsewhere in government custody was not an accident. It was always the design.

In fact, one of the women in an ongoing lawsuit over family separations can now was apparently one of the first separations that took place during a quiet pilot of the policy last year. The pilot program has been previously reported, but took on new attention on the heels of an NBC report about it Friday.

A government attorney admitted in court just days before the border-wide initiative was unveiled in early May that there was never a plan for parents like her to be proactively reunited with their kids.

And an analysis of the purported success of the pilot shows that the Department of Homeland Security’s justification that the program worked as a deterrent was likely based on dubious data.

A DHS official confirmed Friday that the agency first tested the policy of prosecuting parents caught illegally crossing the border in the El Paso sector in Texas from July to October of last year. The pilot had been previously reported, but was not widely known. NBC reported the effort anew Friday.

Ms. C, as she is known in court filings, was apprehended crossing the border illegally in late August 2017 and prosecuted in El Paso, according to court documents. She asked for asylum and in the midst of the legal process, the government took her 14-year-old son from her, sending him to a Health and Human Services facility in Chicago. They were separated for months.

More: http://www.cnn.com/2018/06/29/politics/family-separations-reunification-never-plan-court/index.html

2) Controversial ICE chief retiring, replacement expected to be named soon

By: Tal Kopan, CNN

Immigration and Customs Enforcement chief Tom Homan is serving his last day Friday, as the controversial face of the Trump administration’s crackdown on illegal immigration retires.

Homan’s final day was confirmed by spokeswoman Liz Johnson.

The polarizing face of the administration’s immigration enforcement, and a favorite of President Donald Trump himself, Homan had announced in April he would be taking his long-delayed retirement this month.

Homan has told the story of receiving the request to stay on as chief of ICE under Trump while celebrating at his going away party — a retirement that was deferred for a year and a half.

According to a source familiar, acting CBP Deputy Commissioner Ronald Vitiello is expected to be named acting director of ICE in Homan’s stead as soon as Friday.

Vitiello has been a familiar face for the media as well, often speaking with reporters about the President’s border wall project.

The White House has not responded to a request for comment.

More: http://www.cnn.com/2018/06/29/politics/tom-homan-retirement-replacement/index.html

3) Trump administration may further restrict asylum rights

By: Laura Jarrett and Tal Kopan, CNN

The Justice Department is considering a regulation that would prevent people from claiming asylum if they’re convicted of illegally entering the US, according to two sources familiar with the plans.

Such a rule would be a dramatic change in the landscape of US immigration law and could conflict with domestic law and long-standing international obligations.

The draft regulation was described to CNN as being in its very early stages and has not yet been submitted to the White House for review. Should it be implemented, it would likely result in immediate legal challenges from asylum-seekers and advocates.

A Justice Department spokesperson declined to comment.

The proposal was first reported by Vox.

Current law allows migrants to raise an asylum claim at any lawful port of entry to the US, as well as between valid ports of entry where crossing to the US is illegal.

The Immigration and Nationality Act states that anyone who arrives in the US “whether or not at a designated port of arrival” may apply for asylum if he or she has a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

Yet another part of the law gives Attorney General Jeff Sessions the leeway to regulate which offenses “will be considered to be a crime,” in which case asylum is not available.

How exactly the rule will be tailored and whether it will include any exceptions remains unclear.

More: http://www.cnn.com/2018/06/29/politics/trump-administration-asylum-draft-limit/index.html

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Ah, America as a rogue state!

Join the New Due Process Army — Fight White Nationalism, Lies, Cowardice, and Bullying by Trump and his evil gang of immoral, scofflaw, racist “swamp monsters.”

PWS

06-30-18

GOOD NEWS FROM THE U.S. IMMIGRATION COURT IN ARLINGTON, VA BY TAL @ CNN: U.S. IMMIGRATION JUDGE JOHN MILO BRYANT SHOWS CONGRESS, PUBLIC, PRESS HOW IMMIGRATION COURT COULD & SHOULD WORK IF JEFF SESSIONS & THE DOJ WERE REMOVED FROM THE PICTURE & THE JUDGES WERE INDEPENDENT RATHER THAN BEING UNETHICALLY TOLD BY SESSIONS THAT THEY ARE “PARTNERS WITH DHS!”

The Wonderful Tal Kopan of CNN

Judge Roger Harris, Me, Judge Thomas Snow, & Judge John Milo Bryant (“The Non-Conformist”) head out to lunch on my last day at the Arlington Immigration Court, June 30, 2016

http://www.cnn.com/2018/06/28/politics/immigration-court-hearings/index.html

‘Just be a kid, OK?’: Inside children’s immigration hearings

By: Tal Kopan, CNN

As each immigrant child took their seat in his courtroom for their hearing, Judge John M. Bryant started the same way.

“How are you doing today?” he’d ask.

“Muy bien,” most would answer.

In a span of about 45 minutes, Bryant — an immigration judge in Arlington, Virginia — checked in on the cases of 16 immigrants under the age of 20, all with attorneys and some with parents.

The day was known as a “master calendar hearing” — a swift introduction in court and the beginning of court proceedings for immigrants facing deportation.

The children had largely been in the country for some time, each fighting in court for the right to stay.

But though the immigration courts have long dealt with immigrant children, even those barely school age or younger, their turn through the unique, stand-alone immigration courts is getting new attention as the government’s “zero tolerance” border policy has sent thousands more children into the system without their parents.

The hearings were observed by six Democratic members of Congress: Whip Steny Hoyer of Maryland; Rep. Don Beyer, whose Virginia district includes the court; Congressional Hispanic Caucus Chairwoman Rep. Michelle Lujan Grisham of New Mexico; and Reps. Pete Aguilar, Nanette Diaz Barragán and Norma Torres, all of California.

At a news conference afterward, Beyer called the session “One of the best-case scenarios of a master calendar hearing, a sympathetic judge with kids with lawyers.”

The lawmakers said they had wanted to come to the court to witness it for themselves, because they fear that around the country there are too many courtrooms that are the opposite.

“We know that in vast numbers of cases, there is not proper representation,” Hoyer said, adding that some kids are “not old enough to spell their own names, let alone represent themselves in court.”

In each case, the attorneys described waiting for applications filed with the government, and all were quickly given court dates into 2019 to come back for another check-in. One, a boy named José who had just finished ninth grade, was there for his second check-in and for his full asylum hearing received a court date of May 11, 2021 — likely to be just as he is finishing high school in the US.

The youngest was a 6-year-old boy, Rodolfo, who was there with his attorney and father, though Rodolfo’s case was being heard by itself. As he did with most of the children, Bryant asked Rodolfo if he was in school, translated by an interpreter via headphones provided to every immigrant facing the court.

“Hoy?” Rodolfo asked, confused — “Today?”

Bryant cheerfully prompted Rodolfo about what grade he had finished — kindergarten — and his teacher’s name — Ms. Dani. Bryant said he still remembered his own kindergarten teacher, Ms. Sweeney, from many years prior. “Hasta luego,” Bryant told Rodolfo, giving him a next court date of May 30, 2019.

While all the children in Bryant’s courtroom on this afternoon had attorneys, the Arlington Immigration Court is not typical of the country, where closer to 1-in-3 children are represented in court. Bryant was also generous with the continuances requested by attorneys as they waited to hear from the government on applications for other visas for the children, despite uniform opposition by the government attorney in court.

“Mr. Wagner, your turn,” Bryant joked at one point to the government attorney present, who dutifully recited the government’s opposition to granting continuances solely on the basis of waiting to hear back on a visa application. Bryant than immediately picked a day on his calendar for the immigrant and attorney to return.

One attorney for a 12-year-old girl, Rosemary, who was there with her mother, said they had applied for a Special Immigrant Juvenile visa, which is for minors who have been abused, abandoned or neglected by a parent. Bryant asked the attorney if the application was before a “sweet or sour judge.”

“I think it’s going to be a problem. It may have to be appealed,” the attorney replied.

The judge granted them a court date on February 28 of next year.

“Have a nice summer,” he said to the girl. “Just be a kid, OK?”

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“The lawmakers said they had wanted to come to the court to witness it for themselves, because they fear that around the country there are too many courtrooms that are the opposite.” And, with very good reason!

No trace of the Jeff Sessions’s paranoia, xenophobia, bias, child abuse, and de-humanization of migrants here. It’s like one would expect a “real” U.S. Court to be run! Sadly, that’s not what’s happening in the rest of the country. Just ask folks in Charlotte, Atlanta, Stewart, Ga., or Houston how they are treated by Immigration Judges. It’s ugly, abusive, well documented, highly inappropriate, and needs to end!

Even more outrageously, rather than building on and replicating successful judicial models like Arlington, Sessions has actually adopted some of the worst imaginable “judicial” practices, encouraged bias, and has actually endorsed and empowered the actions of some of the most clearly biased and anti-immigrant, anti-asylum Immigraton Judges in the system. It’s a simply unacceptable waste of taxpayer money and abuse of our legal system by someone incapable of fulfilling his oath of office.

Imagine, with judges actually in control, lawyers for the respondents, time to prepare and file applications, empathy, courtesy, knowledge, kindness, concern for fairness, efficiency, and giving ICE’s obstructionist “rote objections” and other dilatory tactics encouraged and enabled by this Administration exactly the short shrift they so richly deserve, the U.S. Immigration Courts could potentially fulfill their original vision of “becoming the world’s best tribunals, guaranteeing fairness and due process for all.”

And, ICE could be once again required to function in the same highly-professional, courteous, collegial, respectful, and helpful manner that they did in Arlington during the last Administration. It’s disgraceful that rudeness and unfairness have become the norm under Trump. Things like that used to get even Government lawyers fired, disbarred, or disciplined. Now they appear to win kudos.

And, having dockets run by experienced judicial professionals like Judge Bryant with the help of professional staff responsible to him and his colleagues would promote fairness, quality, and efficiency over the “Amateur Night at the Bijou” atmosphere created by a biased, politicized, and totally incompetent Department of Justice and carried out by agency bureaucrats who aren’t judges themselves and are not qualified to administer a major court system.

Why not design a system “built for success” rather one that is built for failure and constant crisis? A well-functioning court system where “Due Process and Quality Are Job One” and which serves as a “level playing field” would actually help DHS Enforcement as well as the immigrants whose lives depend upon it. Fairness and Due Process are good for everyone. It’s also what our Constitution requires! Play the game fairly and professionally and let the chips fall where they may, rather than trying to “game the system” to tilt everything toward enforcement.

But, it’s not going to happen until either 1) Congress creates an independent U.S. Immigration Court, or 2) the Article III Courts finally step up to the plate, put an end to this travesty, remove the DOJ from its totally improper and unethical supervisory role, and place the Immigration Courts under a court-appointed “Special Master” to manage them with the goal of Due Process and judicial efficiency until Congress reorganizes them outside of the Executive Branch! Otherwise, the Article IIIs will have to do the job that Sessions won’t let the Immigration Courts perform!

Compare Judge Bryant’s professional performance with the “judicial meat processing plant/Due Process Denial Factory” being operated by U.S. Magistrate Judge Peter Ormsby on the Southern Border as described by Karen Tumulty of the Washington Post in my post from yesterday:

http://immigrationcourtside.com/2018/06/28/karen-tumulty-washpost-assembly-line-justice-is-already-the-norm-in-u-s-district-courts-at-the-border-as-go-along-to-get-along-u-s-magistrate-convicts-bewilder/

Who is the “real” judge here? It doesn’t take a “rocket scientist” to answer that one! Just some judges with the backbone, courage, and integrity not to “go along to get along” with Sessions’s assault on the integrity and independence of our justice system.

PWS

06-30-18

NEWS FROM THE KAKISTOCRACY: HOW TOTALLY INCOMPETENT IS THE TRUMP ADMINISTRATION IN SOLVING THEIR SELF-CREATED “CHLD ABUSE CRISIS?” — Need You Ask?

6 children in 6 days, thousands left: Inside the family reunifications

By: Tal Kopan, CNN

The Trump administration has more than 2,000 children it separated from their parents in its custody. In a six-day span, that number only went down by six children.

It’s still unknown, though, whether those children were reunited with parents, other family or otherwise transferred out of Health and Human Services custody, and the government has not answered questions about the circumstances of their release.

The stories are heart wrenching.

A Guatemalan woman sued the government after her 7-year-old son was separated from her, and in the middle of those proceedings was able to reunite with her son.

As Beata Mariana de Jesus Mejia-Mejia embraced her son, Darwin, at the Baltimore Washington International Airport for the first time in more than a month, she cried.

“I love you,” she said in Spanish, between sobs.

But thousands more parents remain in limbo.

The Annunciation House, which hosts undocumented immigrants in El Paso, Texas, received 32 separated parents on Sunday upon their release from detention. According to the parents, the average child’s age is 10, and just three of the parents had spoken with their child personally since they were separated.

In an emotional news conference, some of the parents told their stories of trying to find their children in government custody.

One woman, Miriam, from Guatemala, said she didn’t have a chance to say a word to her 4-year-old son before he was taken from her at dawn while he was fast asleep — he was still asleep when they put him on a truck and drove away, she said.

When she was finally able to reach him Monday by phone in New York, she said he refused to speak to her. CNN was unable to confirm how much time had passed since their separation. But as Miriam tells it, it was long enough to make an impression on him.

“He’s mad at me,” she said, tears in her eyes. “He thinks that I abandoned him.”

Data hard to come by

The administration has been reticent to release much data about the results of its prosecution policy that ended up separating more than 2,000 families at the border in about six weeks. But the new figures show how slow the pace has been to put those families back together — even as a federal judge has now ordered the government to do so in 30 days.

On Tuesday, the secretary of Health and Human Services said there were 2,047 migrant children in its care as a result of being separated from their parents at the border so the parents could be prosecuted on criminal charges. Six days prior, the government had said there were 2,053 such children.

That day, June 20, was when President Donald Trump signed an executive order reversing course on his administration’s decision to separate families — ordering they be held together even during prosecution. In implementing the order, Border Patrol within hours stopped referring parents for criminal charges, thus effectively ending the “zero-tolerance” policy for the time being.

Late Tuesday night, a federal judge in California issued a nationwide order that required the administration to stop detaining immigrant families separately, aside from special circumstances; to reunify parents with children under the age of 5 within two weeks; and to reunite parents with any children aged 5 and over within 30 days.

More: http://www.cnn.com/2018/06/27/politics/six-children-families-separated-reunifications/index.html

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Sounds like “business as usual” at DHS in the Age of Trump & Sessions. Sometimes, their incompetence at governing tempers their cruelty and inhumanity.

But, in this case, it actually multiplies the damage.

How long until some Federal Judge holds Sessions & Nielsen in contempt? Sanctions DOJ lawyers for misrepresentations in court? What about Bivens damage suits against Sessions, Nielsen & company since they are violating well-established Constitutional rights to Due Process?

PWS

06-27-18

TAL@ CNN: SESSIONS’S MOVES TO UNDERMINE DUE PROCESS IN IMMIGRATION COURTS NOT ENOUGH FOR TRUMP, WHO WANTS TO DO AWAY WITH CONSTITUTION — Huckabee Sanders Spouts Nonsense! (What Else Is New?)

Trump fumes over immigration courts Sessions has focused on

By: Tal Kopan, CNN

President Donald Trump in recent days has fumed about the immigration courts that handle cases of people seeking entry into the US.

But Trump’s fixation on the courts and the judges who staff them flies in the face of what his attorney general has been trying to do to reshape the courts to align with the President’s vision, including hiring more immigration judges and restricting asylum laws.

The President tweeted that those stopped at the border should be simply told they can’t enter, rather than going through the system.

“When somebody comes in, we must immediately, with no judges or court cases, bring them back from where they came,” Trump tweeted on Saturday.

Press secretary Sarah Sanders told reporters Monday that “virtually all Americans” agree that drawn-out court proceedings don’t make sense for migrants who enter the country illegally. Trump, she said, “would certainly like to see more expedited removal.”

“Just because you don’t see a judge doesn’t mean you aren’t receiving due process,” she said.

The immigration courts decide whether immigrants have a legal right to stay in the US or should be deported — and those cases include people arriving at the border as well people from the interior of the US, who may or may not have had legal status at some point.

But Trump’s suggestion has several problems, including the fact that there are fewer than 350 immigration judges nationwide and the Justice Department has budgeted for only 100 more.

In addition, the suggestion that the immigration courts could be done away with altogether would likely fly in the face of the Constitution and a host of domestic and international laws that bestow rights on everyone in the US and crossing the border, regardless of whether they are citizens.

More: http://www.cnn.com/2018/06/25/politics/trump-sessions-immigration-judges-courts/index.html

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

There is no Due Process without an impartial decision maker (lots of doubt as to whether any Immigration Judge working for Jeff Sessions can be considered “impartial”).
Jeff Sessions has nothing to do with virtue. His disingenuous, racist, White Nationalist policies are the polar opposite of “virtue.”
As the Supreme Court has said, Due Process takes time — sometimes a lot, sometimes less.
Trump’s outrageous proposals violate our Constitution, our statutory law, and two international conventions to which we are party.
There is no crisis for the United States, except the unnecessary one that Trump and Sessions have created with their lawless behavior.
But, there is a crisis in the Northern Triangle for which we are at least partially responsible.
The stakes for the refugees are literally life or death — Trump and Sessions’s dehumanizing rhetoric is beyond disgusting.
Even those who fail to qualify for protection after full hearings likely face rape, torture, extortion, severe beatings, mutilation, or death upon return. We actually should be protecting more, not fewer, of them.

PWS

06-25-18

TAL @ CNN: EVIDENCE MOUNTS OF SESSIONS’S ILLEGAL POLITICIZED HIRING OF IMMIGRATION JUDGES — Best Qualified Individuals Need Not Apply? – Is He Looking For Hacks Who Share His White Nationalist Bias? – When Is Congress Going To Create An Article I Court?

Immigration judge applicant says Trump administration blocked her over politics

By Tal Kopan, CNN

When the Obama administration offered Thea Lay a chance to serve as one of the nation’s top immigration judges pending a successful background check, she eagerly accepted.

But the Trump administration withdrew her offer this year with little explanation after months of silence — and she suspects it’s because of her political ideology.

Lay’s case is one of several being questioned by House Democrats, who have accused the Justice Department of political bias in hiring judges to serve on the nation’s immigration courts — which would be against the law. And the suspicion of politically based hiring, even if unfounded, belies the greater criticism of Attorney General Jeff Sessions’ broader efforts to speed up the immigration courts and use his authority as attorney general to single-handedly interpret immigration law.

Lay has spent much of her 25-year career working on the exact type of asylum law Sessions recently reinterpreted by rolling back protections for domestic violence victims, and she worries that she was perceived as having an ideology that would not be welcome on the Board of Immigration Appeals.

The Justice Department forcefully denies that political ideology has been a factor in any of its hiring of immigration judges, including the decision on Lay, citing federal laws which say it cannot be. They say Lay declined a temporary appointment to the position and cite that and a subsequent reevaluation of the salary for the position as the reason for her rejection.

But the questions about whether there was a quiet move away from candidates who were perceived as too pro-immigrant is an illustration of the unique position the attorney general holds, as the political appointee who hires, manages and can single-handedly overrule each of the nation’s immigration judges.

More: http://www.cnn.com/2018/06/21/politics/immigration-judge-applicant-says-trump-administration-blocked-her-over-politics/index.html

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

Sessions is fortunate that the “Do-Nothing” GOP has control of both Judiciary Committees. But, some day the truth will out. And, given Sessions’s already well-established record of lies, distortions, and misrepresentations, it could be pretty ugly.

PWS

06-22-18

Separations lead to complicated court cases

A harrowing choice

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CONCLUSION: WE NEED REGIME CHANGE NOW! THE ONLY WAY TO GET IT WILL BE AT THE BALLOT BOX THIS FALL. GET OUT THE VOTE! JUST SAY NO TO TRUMP, SESSIONS, THEIR GOP ENABLERS & THEIR REGIME OF CRUELTY, INCOMPETENCE, & DISHONESTY!

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Join the New Due Process Army — Fight White Nationalism, Lies, Cowardice, and Bullying by Trump and his evil gang of immoral, scofflaw, racist “swamp monsters.”

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“The lawmakers said they had wanted to come to the court to witness it for themselves, because they fear that around the country there are too many courtrooms that are the opposite.” And, with very good reason!

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