Trump Administration – Page 10 – immigrationcourtside.com

🗽TIRED OF BORDER BS FROM NATIVIST POLS, MEDIA, & BUREAUCRATS? — Get The “Real Skinny” From The Experts, Yale-Loehr & Chishti on Nov. 7! — Zoom Option Available!

Professor Stephen Yale-Loehr
Cornell Law

Muzaffar Chishti
Senior Fellow
Migration Policy Institute
PHOTO: MPI

The Migrant Surge: What’s Different About It This Time?

Please join us on November 7, 2023, from 12:15 p.m. to 1:15 p.m. in Myron Taylor Hall G85 of Cornell Law School for a lunchtime seminar given by our guest Muzaffar Chishti and moderated by Stephen Yale-Loehr.

Food will be provided during the event, so please RSVP at https://cornell.ca1.qualtrics.com/jfe/form/SV_bxQgGPjwGJmgu8K

Join Mr. Chishti and Professor Yale-Loehr as they discuss the history of recent migrant flows to the U.S. border, the current migrant surge at the border, the impact on cities and states beyond the border, and possible impacts on federal immigration policy.

Muzaffar Chishti is a Senior Fellow at the non-partisan Migration Policy Institute (MPI) and Director of MPI’s office at New York University School of Law. He received his LLM from Cornell Law School in 1975.

Steve Yale-Loehr teaches immigration and asylum law at Cornell Law School as Professor of Immigration Practice and is of counsel at Miller Mayer in Ithaca, New York.

Can’t make it to our event in-person? You can attend virtually!

We are also livestreaming the event, so you can sign up to attend via Zoom at this link: https://cornell.zoom.us/webinar/register/WN_RwEvxopRTWOfcootUY5-qA

Please feel free to distribute the link to anyone you feel would be interested in the seminar. All are welcome!

This event is co-sponsored by the Cornell Migrations Initiative.

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Sorry, “zoomers,” but you will have to provide your own food!☹️

“Open borders” is a dangerous myth pushed by GOP nativist pols and “closet nativist” Dems. In fact, the border has never been more fortified, inhospitable, and deadly than it is now. See, e.g., https://www.axios.com/2023/10/17/us-mexico-border-open-borders-myth. Border deaths are up. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj2_OP3opGCAxXjElkFHQjFDUUQFnoECBMQAw&url=https://www.voanews.com/a/iom-us-mexico-border-the-deadliest-land-crossing-in-the-world-/7297145.html#:~:text=Fatalities%20double%20in%20fiscal%202023,with%2071%20in%20fiscal%202022.&usg=AOvVaw1VipHkDxFBrakZDiwTcyB9&opi=89978449.

The Title 42 farce instituted by Trump, under false pretenses, to unjustly suspend asylum laws has expired. But, the Biden Administration has come up with its own scofflaw regulations and policies intended to “meter” the flow of legal asylum seekers at ports of entry and to improperly “punish” those who exercise their legal rights by entering and turning themselves in to CBP. Biden’s BIA continues to churn out unrealistic hyper-technical asylum precedents (that actually fly in the face of precedents like Cardoza-Fonseca and Mogharrabi) and wrong, anti-asylum decisions intended to “deter and discourage” asylum seekers from applying and to make it unnecessarily difficult, frustrating, and time consuming for pro bono lawyers to represent them!

Yet, desperate forced migrants continue to come. That’s hardly “rocket science” given that the world is experiencing record forced migration from various causes. See https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf.

Contrary to the nativist myths, the U.S. does NOT bear the brunt of increased forced migration! Even in the Western Hemisphere, Colombia has many times more displaced Venezuelans than the U.S. Indeed, the U.S. experience, no matter how much it’s hyped or distorted by nativists and shallow media alarmists, is only a relatively modest slice of the pie. Over three quarters of the world’s forced migrants end up in low and middle income countries outside the U.S. https://www.unhcr.org/sites/default/files/2023-06/global-trends-report-2022.pdf. Yet, you would never know that from listening to the apocalyptic narrative of GOP nativists and their Dem “fellow travelers!”

Years of cruelty, dehumanization, fortification, imprisonment, prosecution, endangerment, harsh laws, family separations, racist rhetoric, illegal turn backs, and summary deportations of asylum seekers in the U.S. and at the border have demonstrably, and quite predictably, failed to stop or materially deter forced migration stemming from causes outside of U.S. legal policies. Yet, most of our “dialogue” about the U.S. border and immigration start with the bogus assumption that closing the border and unilaterally suspending due process and domestic and international legal obligations will effectively create “Fortress America” where no migrant will dare to tread!

A real discussion of the border and migration must reject nativist myths, racist tropes, and media alarmism by starting with the truth. That is:

Human migration is a real and inevitable worldwide phenominon;
No one nation-state can unilaterally stop or prevent human migration;
Because of climate change and political instability in the world, forced migration is likely to increase in the foreseeable future;
Seeking asylum is a basic legal and human right;
The U.S. will have to accept more migrants, whether legally (preferable) or extralegally (the alternative).

Only by “ditching” and getting beyond nativist myths can we develop solutions that will deal realistically and humanely with human migration. I’m hoping that these two knowledgeable migration and legal experts can get us beyond the myths and to a discussion of practical, achievable actions!

🇺🇸 Due Process Forever!

PWS

10-25-23

⚖️🗽 SENATE HEARING SHOWS OVERWHELMING NEED FOR ARTICLE I IMMIGRATION COURT, GOP PREFERS MYTHS & FEAR-MONGERING TO PROBLEM SOLVING!🤯 — ALSO: Youngkin’s Border Boondoggle Exposed By NBC 4 I-Team!

https://sourcenm.com/2023/10/19/independent-immigration-court-system-advocated-in-u-s-senate-hearing/

Ariana Figueroa reports for Source New Mexico:

WASHINGTON — An immigration judge and lawyer told a U.S. Senate Judiciary panel on Wednesday that an independent immigration court would help ease a backlog of more than 2 million pending cases.

Because the immigration court system is an arm of the U.S. Justice Department — the Executive Office for Immigration Review — each presidential administration has set immigration policy, and often those courts are subject to political interference, said Mimi Tsankov, an immigration judge, and Jeremy McKinney, an immigration attorney.

In the immigration court system, judges hold formal court proceedings to determine whether someone who is a noncitizen should be allowed to remain in the United States, or should be deported.

“Every administration has interfered with the courts. This undermines the courts’ integrity, and many of the executive branch’s manipulations of judges and their dockets simply backfire,” said McKinney, the former president of the American Immigration Lawyers Association.

Tsankov, the president of the National Association of Immigration Judges, said in order to alleviate the backlog of immigration court cases, Congress should establish an independent immigration court under Article I of the U.S. Constitution.

. . . .

“An independent board will begin the process of healing this broken system,” she said.

The witnesses also argued that many people going through the immigration system lack legal representation, which can greatly impact their outcome.

The top Republican on the Senate panel, John Cornyn of Texas, argued that most cases are without merit, as opposed to asylum cases, which are based on a credible fear of death or harm. He said that people are “clogging the courts” and are aware the severe backlogs will allow them to stay in the country. Some courts have backlogs until 2027.

Sen. Mazie Hirono, Democrat of Hawaii, pushed back.

“People who have attorneys are 10.5 times more likely to be granted relief,” she said. “So it is when they have attorneys that they can proceed with their asylum claims.”

She added that another issue is that many children who are unaccompanied, even some toddlers, are expected to legally represent themselves.

“There is no guarantee that children will also have a lawyer, and this is alarming because children are some of the most vulnerable people in our immigration system,” she said.

Cornyn said he did not believe that “the taxpayer should be on the hook” for paying for legal fees and representation.

McKinney said that those who have representation and are not detained are five times more likely to gain relief. Immigrants who are detained and have legal representation are 10 times more likely to be granted relief than those who do not have representation.

“The point is that representation ensures due process,” he said. “It also makes the system more efficient when all the parties know the rules and know how to present a case. Cases move faster.”

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Read the full article at the above link. You can also check out the full video of the hearing here:

https://www.senate.gov/isvp/?auto_play=false&comm=judiciary&filename=judiciary101823&poster=https://www.judiciary.senate.gov/assets/images/video-poster.png&stt=

In his opening statement, ranking GOP Sen. Cornyn made it very clear that fixing the Immigration Courts is a nonstarter for the GOP.

Instead of engaging on this critically important initiative, he wasted much of his introduction disingenuously repeating the oft-debunked claim of a connection between asylum seekers and fentanyl smuggling. See, e.g., “Who is sneaking fentanyl across the southern border? Hint: it’s not the migrants,” https://www.npr.org/2023/08/09/1191638114/fentanyl-smuggling-migrants-mexico-border-drugs.

Obviously grasping at straws, in the absence of any empirical support for his nativist “scare scenario,” Cornyn went so far as to suggest — of course without a shred of evidence — that perhaps “go-arounds” were smuggling fentanyl.

This theory appears particularly questionable in light of evidence that most fentanyl is successfully smuggled through ports of entry by U.S. citizens and legal residents. Why would cartels abandon proven successful methods of port of entry smuggling to entrust their cargos to individuals who might not even survive the border crossing and, if apprehended, would certainly be searched? Cornyn had no answer.

What does seem likely is that by concentrating border law enforcement largely on “apprehending” and fruitlessly trying to “deter” those merely seeking to turn themselves in to exercise legal rights, the USG has diverted attention and resources from real law enforcement like an anti-fentanyl strategy. That almost certainly would require undercover infiltration of smuggling rings — dangerous and sophisticated law enforcement operations far removed from “apprehending” folks who WANT to be caught because they were forced to leave their home countries, are unsafe in Mexico, and can’t wait to schedule asylum appointments at ports of entry through the badly flawed and inadequate “CBP One App!” Building a fair and efficient asylum system should even help CBP apprehend more of Sen. Cornyn’s “go arounds!”

But, Cornyn’s misdirection isn’t just a distraction; it’s actually dangerous! As the GOP has shown over and over, if you repeat a lie or myth enough times, folks start to believe it. Witness the demonstrably totally frivolous claims of election interference that drive much of the GOP’s agenda and has become “truth” for their misguided “base.”

A case in point is the outrageous political boondoggle recently carried out by Virginia’s right-wing Governor Glenn Youngkin. In response to Texas Gov. Greg Abbott’s White Nationalist plea, Youngkin wasted two million taxpayer dollars on a bogus detail of the National Guard to the Texas border, ostensibly to “protect Virginians from the scourge of fentanyl.”

However, a recent NBC 4 DC investigative team report showed that the Guard encountered no fentanyl at the border! They accomplished nothing notable except to deny thirsty migrants they encountered water — on orders from Abbott’s troops! See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi7zp3Pq4eCAxVjEFkFHSmyAHYQFnoECA4QAQ&url=https://www.nbcwashington.com/investigations/inside-virginia-national-guards-2m-border-mission/3445536/&usg=AOvVaw3aI4OM_UhxJFVsE-bS3GYT&opi=89978449. As we often say, “The cruelty is the point!”

What if Youngkin had spent the same amount of money supporting NGOs in Virginia struggling to resettle and represent migrants aimlessly bussed to the DMV by Abbott and DeSantis as part of a political stunt? Community social justice NGOs generally use funds more carefully and efficiently than GOP blowhards like Youngkin and co.

The GOP claim that most asylum claims are frivolous also is misleading. For those who can actually get a merits hearing on asylum at EOIR — often in and of itself no mean feat given the prevalence of “Aimless Docket Reshuffling” — TRAC statistics for FY 2022 show that 46% are granted. See https://trac.syr.edu/whatsnew/email.221129.html#. And, this is in a system that is still heavily tilted against asylum seekers. EOIR still has many “holdover judges” from the Trump years who were hired not because of their expertise, qualifications, or reputations for fairness, but because their backgrounds indicated that they were likely to be unsympathetic to asylum seekers!

Moreover, contrary to myth, the vast majority of represented asylum seekers show up for their immigration hearings. See, e.g., https://www.americanimmigrationcouncil.org/news/11-years-government-data-reveal-immigrants-do-show-court.

Admittedly, the manner in which EOIR keeps asylum statistics can make meaningful analysis difficult. For example, more than half of asylum “dispositions” are listed as “other” — which covers “abandoned, not adjudicated, other, or withdrawn,” a facially, at least partially, circular definition! See https://www.justice.gov/media/1174741/dl?inline.

Moreover, since EOIR procedures generally require that all potential relief be stated at the time of pleading or presumptively be waived, prudence requires that the right to appply for asylum be protected, even if it is unlikely that the case will proceed to the merits on that application.

Also, it’s worth remembering that the Government already has a powerful tool for both identifying and quickly tossing frivolous asylum claims and expeditiously granting clearly meritorious claims to keep them out of the Immigration Court. It’s called the Asylum Office at USCIS! That despite much ballyhooed regulatory changes, DHS has failed to obtain “maximum leverage” from the credible fear/Asylum Office process is not a reason for eschewing EOIR reform!

What we can tell from the available data is that, rather than wasting more money on expensive and ineffective “deterrence gimmicks,” the best “bang for the buck” for the USG would be to invest in representation for asylum seekers and in a better, professionally-managed EOIR with better, independent judges, acknowledged experts in asylum law, who could “keep the lines moving” without denying due process or stomping on individual rights. They could also set helpful precedents for the Asylum Office. That’s what Congress and the Administration should be investing in.

Reforming the Immigration Courts and creating an independent Article I Court should be a high national priority. While no single action can bring “order to the border” overnight, fixing EOIR is an achievable priority that will support the rule of law and dramatically improve the quality and efficiency of justice at the border and throughout the U.S.

As Chairman Padilla (D-CA) said, this should be a bipartisan “no-brainer.” Just don’t look to today’s White-Nationalist-myth-driven GOP for help or rational dialogue on the subject.

🇺🇸 Due Process Forever!

PWS

10-21-23

😎 🇺🇸 HOPE FRIDAY: The Common Good W/ Robert Reich — Maine Prepares To Welcome More Refugees — Austin Kocher On Keeping Faith During The Age Of Trumpist White Nationalist Hatred & Lies!

From Robert Reich on Substack:

https://substack.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.YI3yXyy6J0uje-L2r-wh7kLsh8LeAZQ2K9oq40sSau0?

. . . .

Many Americans today worry that our nation is losing its national identity. Yet the core of that identity is not the whiteness of our skin or our religion or our ethnicity.

It is the ideals we share, the good we hold in common.

That common good is a set of shared commitments. To the rule of law. To democracy. To tolerance of our differences. To equal political rights and equal opportunity. To participating in our civic life. To sacrificing for the ideals we hold in common. To upholding the truth.

We cannot have a functioning society without these shared commitments. Without a shared sense of common good, there can be no “we” to begin with.

If we are losing our national identity, it is because we are losing our sense of the common good. This is what must be restored.

As I’ve argued in these essays, recovering our common good depends on several things:

It depends on establishing a new ethic of leadership based on trusteeship. Leaders must be judged not by whether they score a “win” for their side, but whether they strengthen democratic institutions and increase public trust.

It depends on honoring those who have invested in the common good, and holding accountable those who have exploited it for their own selfish ends.

It requires that we understand — and educate our children about — what we owe one another as members of the same society. Instead of focusing solely on the rights of citizenship, we need also to focus on the duties of citizenship.

And it requires a renewed commitment to truth.

Some of you may feel such a quest to be hopeless. The era we are living in offers too many illustrations of greed, narcissism, brutality, and hatefulness.

I, however, firmly believe this quest is not hopeless.

Almost every day, I witness or hear of the compassion and generosity of ordinary Americans. Their actions rarely make headlines, but they constitute much of our daily life together.

The challenge is to turn all this into a new public spiritedness extending to the highest reaches in the land — a public morality that strengthens our democracy, makes our economy work for everyone, and revives trust in the major institutions of the nation.

The moral fiber of our society has been weakened but it has not been destroyed.

We can recover the rule of law and preserve our democratic institutions by taking a more active role in politics.

We can fight against all forms of bigotry. We can strengthen the bonds that connect us to one another by reaching out to one another. We can help resurrect civility by acting more civilly toward those with whom we disagree.

We can protect the truth by using facts and logic to combat lies.

We can help restore the common good by striving for it and showing others it’s worth the effort.

We have never been a perfect union. Our finest moments have been when we sought to live up to our shared ideals.

I worked for Robert F. Kennedy a half-century ago when the common good was better understood. Resurrecting it may take another half-century, or more.

But as the theologian Reinhold Niebuhr once said, “Nothing that is worth doing can be achieved in our lifetime; therefore we must be saved by hope. Nothing which is true or beautiful or good makes complete sense in any immediate context of history.”

Thank you for joining me on this journey. I hope you’ve found these essays useful and even on occasion inspiring. I hope you’ll join me in carrying forward the fight for the common good.

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Subscribers to this newsletter are keeping it going. If you are able, please consider a paid or gift subscription. And we always appreciate your sharing our content with others and leaving your thoughts in the comments.

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Kelly Bouchrd — Kelly Bouchard
Staff Writer
Portland Press Herald
PHOTO: Linkedin

From Kelly Bouchard in the Portland Press Herald:

https://www.pressherald.com/2023/10/17/maine-refugee-resettlement-numbers-expected-to-double/

. . . .

COMMUNITY OUTREACH IN MAINE

Despite the uncertainty, resettlement agencies in Maine are pushing ahead, preparing to welcome as many refugees as possible. To increase their chances of finding affordable apartments, they’re building a network of landlords willing to rent to newcomers and expanding resettlement efforts beyond Greater Portland, Lewiston-Auburn and Augusta-Waterville to Bangor and Brunswick, Ouattara said.

“We can settle people within 100 miles of Lewiston-Auburn,” said Rilwan Osman, executive director of Maine Immigrant & Refugee Services in Lewiston. “We have settled some families in Augusta, and we are exploring other communities.”

The State Refugee Advisory Council held four quarterly meetings last year to connect and support various community representatives in government, public safety, schools, social services and health care, Ouattara said.

“There are resources that are available from the federal government to assist communities that accept refugees,” he said.

At least half of the new arrivals last year had family ties in Maine, Ouattara said, while the other half were “free cases” that could be resettled more widely in the state but would require more support from agency staff. Transportation continues to be a challenge for many newcomers.

“The public transit system in Maine is still in development, so that can be isolating in some communities,” he said.

Helping refugees find jobs is a top priority for resettlement agencies, which provide financial assistance and case management support for up to 90 days after arrival and limited case management and employment services for up to 60 months.

“All the refugees that are coming have permission to work as soon as they are able,” Osman said. “Some have English skills, some don’t. If they have the necessary language skills, they can at least start entry-level work within 90 days.”

One refugee who is eager to get to work is Ahmed, a recent arrival from Somalia who also declined to give his last name. Ahmed, 58, attended a cultural orientation session Wednesday at the JCA. Through an interpreter, Ahmed said he has been reunited with his wife and six children after being separated from them for 21 years.

He also said he wants to be a good citizen and a taxpayer.

“I’m so grateful to be here,” he said. “My dream is to settle in and get work at a job in my skill range. I am a welder and I would like to work in the same industry.”

Staff Photographer Brianna Soukup contributed to this report.

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Grace Benninghoff in the Portland Press Herald:

https://www.pressherald.com/2023/10/19/portland-mayoral-candidates-frustrated-with-federal-work-rules-as-asylum-seekers-look-to-start-new-lives/

. . . .

Pious Ali says people will keep coming though.

“America is a beautiful country and has a lot to offer the world and the people who come here, and so does Portland,” said Ali, who came to the United States from Ghana more than two decades ago.

Portland’s five mayoral candidates may be more aligned on this issue than any other. They all fundamentally see asylum seekers as an asset to the city, and they all want to see the wait time before they can work made much shorter. They all also feel a little bit helpless.

For years, Portland has welcomed these immigrants, who often undertake dangerous journeys to get here and then go through an arduous, sometimes yearslong process to get visas and work authorization.

. . . .

Zarro said that if it should turn out to be too big a legal risk to offer asylum seekers paid work before they got federal work authorization, he would like to build a more robust job training program so they would be ready to start work in local businesses as soon as their work authorization comes though.

“We have people who are coming here to better their lives and to better their communities. Maine stands to benefit significantly,” he said.

All the candidates also are keenly aware that Portland is in need of more young workers.

“We’re an aging state without enough people to fill the workforce,” Costa said.

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Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

https://intellectdiscover.com/content/journals/10.1386/hosp_00050_1

Geographers have begun to explore the concept of ‘immigrant welcome’ as a framework for understanding the tension between spontaneous social support for immigrants and refugees and their subsequent restriction and criminalization by states. Overlooked in the emerging discourse on immigrant welcome is the rich literature in feminist geography that views the everyday practices of endurance, care and social reproduction as essential to, but often hidden within, more traditional, political and economic analyses of power. By focusing on the everyday practices of welcome within sanctuary church activism, I argue for more attention to the energy-intense work that is often excluded from official media and academic accounts, yet which is essential to understanding what makes welcome function or fail. I draw upon one in-depth case study of a sanctuary church in Ohio, where a woman has been living for a year and a half in public defiance of her deportation order. In addition to contextualizing this specific case within the broader policy and immigrant rights landscape, I focus on the spatial, material and relational processes that participants implemented to construct a ‘welcoming’ environment as well as observe the ways in which welcome fails to live up to its imagined potential. The case study provides important grounded insights into the material, relational and emotional processes of enduring sanctuary as a form of resistance to the US deportation regime and enduring sanctuary itself as an intensive socio-spatial form of existence.

© 2022 Intellect Ltd

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Read more about each of these inspiring efforts at the respective links above.

Compare what could be if folks put aside hate and worked together to solve human problems with the pathetic, totally selfish, inept, inane, yet existentially dangerous, “Clown Show” 🤡 in the GOP House Conference egged on by their “leader” — congenital liar, bully, insurrectionist buffoon, and criminal defendant Donald Trump.🤮

What’s missing is more dynamic, courageous, truth-based national leadership on immigration and human rights issues from Dems (although, to be fair, the bipartisan Maine delegation — and many Maine Republicans — appear to “get it”)! But, fortunately, that void hasn’t stopped members of the NDPA from “soldiering on” for the commn good and a better America!

A life saved is a life saved! Sometimes, we just have to focus on the daily victories we can achieve!

🇺🇸 Due Process Forever!

PWS

10-20-23

☠️🤯 WALLS: EXPENSIVE, DEADLY, INEFFECTIVE “TOOLS!” — Why Does America Keep Building Them? — “Political Pathology” — New Rubric For Doctors Treating Border Injuries From Failed Deterrence! — “I feel like Americans have very little context for what’s going on in [Venezuela] and how desperate things are there.”

“Border Wall Breach Collage” Assembled by Cato Institute “Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!” — “Border Wall Breach Collage”
Assembled by Cato Institute
“Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!”

Nick Miroff in WashPost:

https://www.washingtonpost.com/immigration/2023/10/12/border-wall-biden-trump-policies/

. . . .

The fact remains that the U.S. government spent a lot of money to build new barriers to keep migrants out and did not get the result it wanted.

. . . .

Trump used a lot of hyperbole to promote his pet project and was prone to describe the barrier as the personification of his presidency. He took a keen interest in its aesthetic appearance and design features, often urging aides to make it look as imposing as possible. He told supporters his wall would be “impenetrable.” He also said Mexico would pay for it (Mexico did not).

U.S. Customs and Border Protection officials didn’t make such claims and weren’t surprised when criminal smuggling organizations in Mexico began sawing through the steel bars — using ordinary power tools — almost immediately.

The border wall has been hacked through thousands of times since then, so often that the government has had to deploy welding crews full-time to shore up the structural integrity of the barrier. Smugglers have figured out a cheaper and even easier way to defeat it, fashioning cheap, disposable ladders out of scrap wood or metal rebar. They send migrants and drug couriers up and over the top, then use ropes to lower them down the other side. Experienced fence-jumpers have developed a technique using the steel bars like fire poles, sliding down onto the U.S. side in seconds.

. . . .

Dozens of migrants have been killed and hospitalized after falling from the structure, often with horrific spinal trauma and broken legs. Immigrant advocates also say the barriers force migrants toward more remote desert areas, contributing to more deaths from heat stroke and exposure. CBP reported 568 migrant deaths along the border during the 2021 fiscal year, the most recent for which data is available — nearly twice the amount of the previous year.

The border wall has a devastating toll on animals too, advocates say. The steel bars have essentially cut in half the habitat of animal species, in some cases cutting off their access to water and grazing areas. Trail cameras set up by researchers have shown pumas, bobcats and other large mammals blocked and searching fruitlessly for some way to get through.

The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:

Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

https://open.substack.com/pub/theborderchronicle/p/on-political-pathologies-and-practicing?r=330z7&utm_medium=ios&utm_campaign=post

Dr. Brian Elmore is an emergency-medicine resident physician in El Paso, Texas. He’s also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute. Elmore frequently treats patients who have been injured by razor wire or fallen from the border wall that divides El Paso and Ciudad Juárez. He’s coined a term for these injuries: political pathologies. “These are normally healthy people, most of them young, who have been injured because of political decisions made thousands of miles away,” he says. “These are the political repercussions of the border.”

. . . .

That’s interesting that you use this term political pathologies. Is that a term you coined yourself?

It’s what I’ve started calling these injuries that otherwise healthy folks are receiving. These are mostly young people in their 20s, 30s, and sometimes kids, who out of sheer desperation decided to climb the wall or cross the river or desert. Other than for decisions that politicians made thousands of miles away to fortify the border, and make it as dangerous to cross as possible, they wouldn’t have these injuries. It’s really tragic.

. . . .

I’ve treated quite a few border wall falls. I’ve become used to this. But last week, I had a child who came in with multiple lacerations from barbed wire. She came in with her family, and they were all cut up from barbed wire. It’s jarring to see this, especially when it’s a kid, who’s innocent and has no idea what’s going on.

I started talking to the dad, and he told me they were from Venezuela. He said they’d heard a rumor in Ciudad Juárez that officials were letting Venezuelans cross outside of ports of entry. So a huge crowd showed up to present themselves to U.S. border officials [and ask for asylum]. Everyone became frustrated and irritated when they discovered that it wasn’t true.

And this family were pressed up against the barbed wire by the crowd, and they couldn’t go back. The only way for them to move was forward. So they started crawling under the barbed wire. This is the mother, father, the child, who is about 10, and an infant.

So, I’m stitching them up, making small talk because sewing up lacerations takes time and you’re face-to-face, and I’m talking to the dad and he lifts his shirt, and I see that he has a thoracotomy scar. When you perform a thoracotomy, it’s a last-ditch Hail Mary effort to save somebody’s life. The majority die after a thoracotomy. It’s when you crack open a chest because there’s either aortic bleeding or a penetrating injury to the heart. He told me he’d been stabbed and robbed in Caracas. And it was stunning to see his scar and to know that he’d survived. And the thing is, this is the second thoracotomy scar I’ve seen on a Venezuelan patient I’ve treated. This really reinforced for me the constant levels of violence people are facing. I feel like Americans have very little context for what’s going on in that country and how desperate things are there.

. . . .

There’s a very characteristic injury. It’s called a pilon fracture. It’s a lower-extremity kind of ankle fracture, very debilitating. And it’s often associated with a lumbar spinal fracture. Sometimes the bone has broken through the flesh and may require surgery. A lot of times they’ll be fitted with a device that keeps the bone in place while the swelling goes down, so they can get surgery. They’re then discharged to a migrant shelter in town while they wait for surgery.

. . . .

You see on the news, all these headlines, “migration crisis” and “invasion.” And that’s not what people in El Paso are experiencing or how they’re responding to it. They’re responding to the humanitarian crisis with compassion. You see people at shelters volunteering their time, offering to cook, and giving donations. I think the people of El Paso are amazing in the way they’ve responded. As opposed to how the rest of the country is just totally freaking out. I think El Paso is the most inspiring place to be and to practice.

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

You can read the full articles (and listen to Nick’s) at the above links.

Just think what could happen if we stopped “doubling down on failure,” eschewed dehumanizing treatment of asylum seekers, and devoted some of the time, money, and effort we spend on dehumanization, militarization, and deterrence to building better systems for fairly and timely screening, identifying, and resettling refugees.

🇺🇸 Due Process Forever!

PWS

10-18-23

🤯ABSURDIST HEADLINE OF THE DAY — “SOME REPUBLICANS LOSE FAITH IN JIM JORDAN” — Apparently being “architect of a nationwide abortion ban, a vocal election denier, and an insurrection insider” (per Rep. Pete Aguillar (D-California) in NY Daily News) wasn’t enough to get dangerous, anti-democracy right wing zany over the finish line — yet! More threats and “enhanced arm-twisting” (a/k/a “arm breaking”) in line for Ohio’s notorious “political terrorist?”

“EvilClown” — “Does this guy inspire confidence in you?”
“Evil Clown”
By Tom Woodward
Creative Commons License

From AP:

Some Republicans Lose Faith In Jim Jordan

Republicans are starting to lose faith in Jordan, several of them told reporters after the Ohio congressman failed to muster enough support during the first round of voting.

Rep. Carlos Gimenez (Fla.), who voted against him, called Jordan’s chances “shaky,” while Rep. Michael McCaul (Texas), who voted for Jordan, said he does not “see how he can recover” with so many defectors on the first round of voting.

Jordan’s supporters also told Fox Newsthat they’re losing confidence in him. “I’m afraid there will be more votes against him,” an unnamed senior Republican told the network.

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

At least for the moment, the far right/Fox News threats and high pressure campaign appears to have backfired. But, the process isn’t over. And, that 200 Republicans voted for this spectacularly unqualified candidate for Speaker is bad for America.

As well-stated by Vanity Fair’s Molly Jong-Fast:

It’s been reality-TV central lately in the halls of Congress—wacky stunts, wild rants, and a mystery baby. But like the prospect of Speaker Jim Jordan, the party’s antics are hardly entertaining.

https://link.vanityfair.com/view/5bd67c363f92a41245df49ebjoaw2.4jj/61bc881e

In the end, as Molly says, the GOP’s clown show is 🤡 no laughing matter for America and the process of responsible government.

🇺🇸 Due Process Forever!

PWS

10-17-23

⚖️👩🏻‍⚖️👨🏻‍⚖️ NAIJ’s HON. MIMI TSANKOV & HON. SAMUEL COLE HEADLINE SESSION ON BACKLOG & CRISIS IN U.S. IMMIGRATION COURTS @ NATIONAL PRESS CLUB — Wed. Oct. 18 @ 10:00 AM EDT!

Honorable Mimi Tsankov
U.S. Immigration Judge
President, National Association of Immigration Judges (“NAIJ”)

Hon. Samuel B. Cole
Executive Vice President
NAIJ
PHOTO: NAIJ

Federal immigration judges Mimi Tsankov and Samuel B. Cole to address immigration courts backlog at Headliners Newsmaker, Oct. 18

October 16, 2023, 5:13 pm

WASHINGTON, Oct. 16, 2023 /PRNewswire/ — Judges Mimi Tsankov, a federal immigration judge in New York City, and Samuel B. Cole, a federal immigration judge in Chicago, will speak Wednesday, Oct. 18 at 10 a.m. at a National Press Club Headliners news conference about the pressures of the migrant crisis on the federal immigration court system.

NATIONAL PRESS CLUB LOGO. (PRNewsFoto/NATIONAL PRESS CLUB) (PRNewsfoto/National Press Club) (PRNewsfoto/National Press Club)

An unprecedented surge in migration has created a backlog of 2.6 million cases in the nation’s immigration courts resulting in long waits for hearings. Among other topics, the judges will address the recent assignment of judges to areas along the border. They will provide an update on the judges’ union efforts to restore rights lost during the previous administration.

Federal immigration judges are generally barred from speaking out on issues that affect their courts. Tsankov and Cole will speak in their capacity as president and executive vice president of the National Association of Immigration Judges (NAIJ), an affiliate of the International Federation of Professional and Technical Engineers (IFPTE).

The National Press Club is located on the 13th Floor of the National Press Building at 529 14th St., NW, Washington, D.C.

PRESS CONTACT: Cecily Scott Martin for the National Press Club; cscottmartin@press.org; (202) 662-7525

Cision

View original content to download multimedia:https://www.prnewswire.com/news-releases/federal-immigration-judges-mimi-tsankov-and-samuel-b-cole-to-address-immigration-courts-backlog-at-headliners-newsmaker-oct-18-301958051.html

SOURCE National Press Club

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

The dysfunctional U.S. Immigration Courts are the where “the rubber hits the road” for American justice — the “retail level” of our court system. Deterioration of individual rights in the U.S. legal system for immigrants, people of color, women, non-Christian religious minorities, and the LGBTQ+ community can all be traced to antecedents in the “too often due process and common sense free zone” of EOIR courts held “captive” within our DOJ. See, e.g., https://immigrationcourtside.com/2023/10/08/%f0%9f%a4%af-jason-the-asylumist-dzubow-explores-the-incredible-exploding-asylum-backlog-predictably-eoirs-aimless-docket-reshuffling/

Yet, the mainstream media, Democrats, Civil Rights organizations, and commentators often pay scant attention to the outrageous dehumanizing chaos in our Immigration Courts. One contributing factor is that the DOJ has “muzzled” Immigration Judges from speaking out publicly about what’s happening in their courts, a questionable 1st Amendment suppression that a Federal District Judge recently “shrugged off.” See, e.g., https://knightcolumbia.org/cases/naij-v-neal.

This is a rare opportunity for the public to get insights on this critically important yet “below the radar screen court system” from two sitting judges. They apparently have “sidestepped” the DOJ’s censorship by appearing “solely in their capacity as officers of the National Association of Immigration Judges (“NAIJ”).” (Full disclosure: I am a retired NAIJ member.)

The NAIJ strives to provide professional training, encouragement of best practices, more independence, better working conditions, and more cooperation with parties appearing before the Immigration Courts. These positive efforts, among the few happening at EOIR, earned the NAIJ a “decertification” of their status as a union representing Immigration Judges during the Trump Administration.

Ironically, although the Biden Administration touts itself as the most “union-friendly Administration in history,” three years in, the NAIJ has yet to regain full recognition as a union.

🇺🇸 Due Process Forever!

PWS

10-17-23

🤯 ADMINISTRATIONS CHANGE, BUT BORDER MILITARIZATION CONTINUES UNABATED — Big Profits, Few Durable Results Except More Migrant Deaths! — “Perhaps a way forward might come from the people who populate the borderlands themselves, from those who constantly cross the border, who move from one side of the line to the other, the ones who see and feel firsthand what is happening.”

Todd Miller in The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-machine-biden?r=1se78m&utm_medium=ios&utm_campaign=post

When Joe Biden took office in 2021, he had promised not to build “one more foot” of border wall. This promise seems to have been put to rest last week with the waiving of 26 laws that protect land and people to build a wall through Starr County, Texas, along the Rio Grande. Reactions ranged from disappointment to feelings of betrayal, especially among people who had opposed Trump’s border wall obsession. But in reality, the Biden administration has been quietly constructing and maintaining the border wall system since he took office.

In other words, it is time to set aside tired partisan narratives. Whether it is the Trump regime’s racist overtures to pump up a “big, beautiful border wall” or the Democrats’ calls for a humane yet orderly border, the result has been the same: rising border budgets year after year, increasing fortification, more physical and virtual walls, and more detention centers and deportations. The CBP and ICE budgets in 2023 have yet again eclipsed the highest previous amount, and they now include a record number of contracts to private industry (more on that below).

The border can’t be reduced to just partisan politics. This is not to say that partisan politics don’t matter, and certainly disinformation about the border is real. But the border also supersedes these narratives. It is a machine that is beholden to no political party, a point that becomes more important as we head into an election year.

If the border is a machine, then we have to look under its hood, inspect its motor, and understand how it functions. First, in the parlance of Customs and Border Protection, it is not a border wall but a border wall system. The system’s components include the physical barrier, but this is but one “layer” (the term that Border Patrol uses in its strategic plan). The system also includes surveillance technology—both on and away from the border—and armed agents from the U.S. Border Patrol, CBP’s Office of Field Operations, Immigration and Customs Enforcement, and local police (state, county, city, and tribal) that work with (and receive financing for their border enforcement duties from) DHS. In the border wall system, technology does not offer a “humane” alternative to the physical wall; it works in tandem with it. Thus, the so-called smart wall.

Before we get to the smart wall, let’s contemplate a few things about the physical wall—since it has been such a source of ire and adulation. The one burning question I have is why, if the Democrats were dead set against the wall during Trump’s administration, didn’t they order it removed when they took over in 2021? I’m talking about the wall that Trump built during his tenure, not the 650 miles or so that was constructed under the 2006 Secure Fence Act, which Biden himself voted for when he was a senator. Taking down Trump’s wall construction, however, was never mentioned and didn’t seem within the realm of the possible. In the end, even though Biden ordered a “pause” on wall construction when he took office, CBP announced in September 2022 that it would fill in the “gaps.” In other words, the Biden administration was not going to tear down the Trump wall; in the weirdest and quietest way, it was going to finish it.

. . . .

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

Read the complete article at the link. Years of failed “deterrence” produce higher budgets and demands for more and more costly “deterrence gimmicks” — from both sides of the aisle. No wonder it’s profitable! No accountability! Each inevitable failure is treated as a justification for even more of what doesn’t work. Each increase in deportations and draconian denial of human rights is met with disingenuous claims of “open borders.” Interesting “business model!”

🇺🇸 Due Process Forever!

PWS

10-14-23

🤡 THE CLOWNING OF AMERICA: AS McCARTHY SLITHERS 🐍 OFF, WHO WILL BE THE “NEXT CLOWN UP?” — Who Would Want To Be? 🤮 — “The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction.”

Clown Court — “Speaker in Waiting”
PHOTO: Clown Civertan.jpg, Creative Commons License

Jay Kuo in “The Status Kuo” on Substack:

https://statuskuo.substack.com/p/ousted?utm_campaign=email-post&r=330z7&utm_source=substack&utm_medium=email

It wasn’t supposed to end this way for Kevin McCarthy. After all, he had done nearly everything that the far-right faction of his caucus wanted, given in to their every demand. Why ever would that fail to satisfy them? But in the end, his actions recalled the parable of the scorpion and the frog. As Fortune magazine retold it,

A scorpion asks a frog to carry him over a river. The frog is afraid of being stung, but the scorpion argues that if it did so, both would sink and the scorpion would drown. The frog then agrees, but midway across the river the scorpion does indeed sting the frog, dooming them both. When asked why, the scorpion points out that this is its nature.

It is the nature of nihilistic, burn-it-to-the-ground extremists to destroy everything around them, including the very party that once carried them to victory. McCarthy’s mistake was thinking he could ever change that by actually inviting the crazies in and embracing them even closer. Instead, he became the first ever speaker in the 240-year history of the House of Representatives to be ousted. In a period of historic firsts—first president impeached twice, first president to be indicted (and charged 91 times), and now first successful motion to vacate the chair—the GOP seems determined to outdo itself.

As writer Charlotte Clymer colorfully put it, “McCarthy served 270 days, the equivalent of 27 scaramuccis or 0.093 of a pelosi, after giving away his power—and his dignity—to man-toddlers who eventually stabbed him in the back.”

Let’s look at what happened yesterday and then answer some common questions about where things go from here in the GOP’s fractured majority in the House.

Subscribe

Mean Girls Day

October 3rd is a day that sticks in my mind because of my favorite movie, Mean Girls, which is turning out to carry many lessons for the GOP. The Lincoln Project was out with a meme quickly.

“On October 3rd, he asked me what day it was!” exclaims Cady Heron of the dreamy Aaron Samuels.

“It’s Kevin McCarthy’s last day as Speaker,” Cady responds.

Indeed, it was.

After Rep. Matt Gaetz (R-FL) made good on his promise to file a motion to vacate the chair, McCarthy pressed for quick consideration of the motion, rebuffing calls to wait until Thursday when more members were back in Washington. He apparently had hoped to catch a number of Democratic House members away. Nancy Pelosi missed the votes, for example, because she was attending the funeral of her longtime friend, the late Sen. Dianne Feinstein.

No matter. After first losing a procedural vote to table the motion, with 11 Republicans voting “no” along with all the Democrats present, Kevin McCarthy faced a full vote of the House and was removed by a vote of 216 to 210, with eight GOP members joining all of the Democrats. Even Gretchen Wieners—er, I mean, Nancy Mace (R-SC)—who styles herself as a moderate, was a yea on the motion. Et tu, Nancy?

It bears noting that the Democrats had met as a group earlier that day and emerged with a consensus that they would not be helping McCarthy out. There was simply too much bad blood, from his kissing Trump’s ring two weeks after condemning him for January 6; to his reneging on the budget deal struck in May; to his launch of an impeachment inquiry against Joe Biden based on nothing but speculation; to his blaming the Democrats for the near shutdown of the government, when it was Democrats who had kept it open. They simply did not trust him and saw no reason to throw him a lifeline. In fact, he never even asked for help from them directly, though his minions reportedly made a series of calls begging moderate Democrats to save him.

After the vote, several members of the House Republican caucus gathered in a group to pray on the House floor, while Rep. Ann Wagner (R-MO), wept openly. It was quite a fall for Rep. Wagner, who had triumphantly spearheaded two anti-abortion measures earlier in the year with Speaker McCarthy’s blessing.

McCarthy’s loss of the speakership leaves the GOP caucus effectively without leadership, at a time when appropriations remain largely unfinished.

The Speaker pro tempore

The gavel is currently in the hands of a caretaker Speaker pro tempore, Patrick T. McHenry (R-NC), who gaveled out the evening with such ferocity that he damn near cracked the thing. It’s a good thing men aren’t emotional in politics.

McHenry is supposed to hold the position only so long as it takes to elect a new speaker, and to wield the gavel only for purposes of getting this done. But he couldn’t help but act like yet another petulant man-baby, ordering Speaker Emeritus Nancy Pelosi to clear out her office in the Capitol building and relocate to the Cannon Building. Pelosi issued a response:

With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol. Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.

Petty moves aside, McHenry won’t have any real power to push legislation through, and few even inside the GOP would likely stand for him seeking to assert himself in any way except as a momentary caretaker.

So what happens next?

With McCarthy out, the GOP is back to where it was in January, without the numbers to put someone over the top. One key piece of news that already broke: McCarthy won’t be running for the job again.

That leaves a number of possible replacements. The No. 2 in the House is Rep. Steve Scalise (R-LA), who is well liked but faces health challenges, as he is currently undergoing treatment for blood cancer. Other names that have bubbled up include Rep. Jim Jordan (R-OH), Elise Stefanik (R-NY) and the No. 3 guy in charge of this mess, Tom Emmer (R-MN).

There is no consensus candidate as of this moment. The House GOP members scattered to their districts on Tuesday night after the debacle, giving a cooling off period before they regroup next week.

Isn’t the devil we know better?

There is considerable and understandable consternation that we might wind up with someone worse than McCarthy, whose feckless cowardice at least led to predictable capitulations and back to the inevitable point of political equilibrium.

But it’s also fair to say that even someone more extreme, like a Jim Jordan, couldn’t actually do anything with this fractured majority beyond what McCarthy already did with it. A House majority without a Senate in concurrence can accomplish little other than hearings and inquiries, which is what the GOP has been up to for months already with nothing to show for it. Handing the keys to the bus to someone else who doesn’t know how to drive isn’t going to keep the party from catastrophe next November.

It also might take some time before they can coalesce around a new leader. Extremists want someone to the right of McCarthy, but moderates might never support such a candidate. And even assuming they did, the party would quickly find itself exactly where it is now: facing a government shutdown while it tries to renege on a deal already agreed to, and up against a Democratically-controlled Senate ready to get on with the business of governing.

The political fallout

The collapse of GOP leadership in the House likely will become a central talking point for Democrats for the 2024 elections. The GOP brand is already badly tarnished by everything from anti-abortion extremism to election denialism to authoritarian suppression.

One thing is clear, however: It was Trump, acting behind the scenes by pressing extremists to hold the line against the budget, who is in large part to blame for the destruction of the House GOP caucus. He won’t take ownership of that, of course, but the amount of damage he has inflicted upon his own party cannot be overstated.

And in a weird twist, some members of the far-right are moving to nominate Donald Trump as Speaker. Rep. Troy Nehls (R-TX) announced late Tuesday he will file paperwork to nominate the former president to be the next Speaker, who in fact doesn’t have to be a member of the body to preside as Speaker. In the past Trump has said he would not be interested in the job, so it’s unclear whether he would take such a nomination seriously. But it does demonstrate how rudderless and leaderless the House GOP caucus is that they once again turn to their Dear Leader to beg him to rescue them. (Trump of course wouldn’t know the first thing about how to act as Speaker, or move legislation through, or count votes, nor would he have time to learn the ropes given his trial schedule. Perhaps they could recruit his son Eric, who at least is foolish enough to accept and might soon have nothing to do because all his businesses have had their certificates to operate in the state canceled.)

That plan might run smack into the GOP’S own House rules, though, which requires leadership to step aside if indicted for a felony with a punishment of more than two years.

Returning to the scorpion and frog fable, and looking back at his tragic and brief tenure, McCarthy’s political death was inevitable. The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction. After all, under the terms of his parole, a single missed frog step could bring down a motion to vacate by a single member. By May, McCarthy had already committed the giant sin of compromising with the Democrats in a near evenly divided government, and a few months later, a single MAGA scorpion planted its stinger right into his back.

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

Of course, it’s supreme irony that about the only responsible leadership action McCarthy took during his short tenure as speaker led to his demise at the hands of the GOP anti-American nihilists whom he coddled and ingratiated himself with to get the job in the first place!

At some point, the anti-American GOP voters who put these dangerous, yet cowardly, spineless, and valueless, nut cases into positions of influence have to be held accountable, if only by history! 🏴‍☠️

🇺🇸 Due Process Forever!

PWS

10-04-23

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals.

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border.

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23

🗽🧑‍⚖️⚖️ SHE’S HERE, SHE’S THERE, SHE’S EVERYWHERE! — Judge Dana Leigh Marks “Does DACA” On TV!

Hon. Diana Leigh Marks — Hon. Dana Leigh Marks
U.S. Immigration Judge
San Francisco Immigration Court
Past President, National Association of Immigration Judges, Member, Round Table of Retired Immigration Judges

Catch her here on this clip:

https://public.latakoo.com/b0a3501b17da92539cb8e16c1e6adb5en

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

My friend might have “retired,” but “Nana Dana” as she now calls herself sure hasn’t slowed down! And, the rest of us are glad she’s still leading the way!

Dana’s retirement was a big loss for EOIR (at a time they can ill-afford to lose experienced talent), but a big gain for our Round Table, the rest of the NDPA, and Dana’s granddaughter!

🇺🇸 Due Process Forever!

PWS

09-22-23

⚖️👩🏼‍⚖️ HON. DANA LEIGH MARKS: DOJ’S PROPOSED RULE ENHANCING IMMIGRATION COURT INDEPENDENCE & EFFICIENCY IS A “BIG DEAL!”

From the Los Angeles & San Francisco Daily Journal:

https://drive.google.com/file/d/1Fmf6Fqu_Hl8hkIxclUllNEZLQ2LGouU9/view?usp=sharing

The just published proposed regulation is a big deal. It begins with over thirty pages of introductory information debunking the misguided justifications for the previous version of this rule [enjoined by a Federal Court]. Point by point the flawed logic, counterproductive encroachment on judicial discretion, and unnecessary micromanagement [an endemic EOIR problem] is called out.

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

Read Dana’s complete article at the link.

Many thanks my friend for your incisive, outstanding analysis! It’s astonishing and quite disturbing the amount of absolute “bunk” and racially-focused misinformation DOJ and EOIR foisted on the public under Trump. Indeed, EOIR under Trump pushed out a scandalously false and misleading bogus “fact sheet” smearing asylum seekers and their lawyers. See, e.g., https://immigrationcourtside.com/2019/05/13/special-roundtable-of-former-immigration-judges-blasts-eoir-director-mchenry-for-spreading-lies-misrepresentations-political-pandering-undermining-judicial-independence-and-gro/.

It appears that EOIR is slowly correcting some of the mistakes of the recent past. What’s disappointing and of great concern: 1) Should and could have been “day one stuff;” 2) Judge Dana Marks was on the EOIR payroll on Jan. 20, 2021, and she or a qualified expert like her could and should have been put in charge and empowered to kick tail, take names, clean house, bring in top judicial and administrative talent, and implement long-overdue, still absent, EOIR reforms!

Better late than never? Perhaps, we’ll see. But, I’m not betting the farm on it!

🇺🇸 Due Process Forever!

PWS

09-21-23

🇺🇸🗽😎 — IMMIGRANTS BRING OPTIMISM TO U.S. — New L.A.Times Series Lets Immigrants’ Voices, Often Drowned Out In Debate, Be Heard — “So we set out to ask immigrants to tell us about their lives and put their voices and stories at the forefront.”

By David Lauter

Good morning. It’s Tuesday, Sept. 19. Here’s what you need to know to start your day.

Inside a new Times project on immigrants in America

A suspect was arrested in the killing of a L.A. County sheriff’s deputy

Indulge in Carpinteria’s retro, family-friendly vibe

And here’s today’s e-newspaper

The Times is exploring immigrant stories. Here’s what we’ve learned so far

What if we could give you a window into the lives of one-sixth of the U.S. population? What would we find out?

I’m David Lauter, a senior editor at The Times. That window is what we set out to create with Immigrant Dreams, our project on the lives of America’s huge and growing immigrant population, who make up 1 in 6 adults in the U.S. — close to a record for the past century.

For years, immigration has been one of the hottest of political hot buttons. The U.S. has been stuck in a seemingly unending debate over a broken immigration system, featuring stalemates in Congress, disorder at the southern border and a lot of heated rhetoric.

Much of that debate, however, has ignored the voices of actual immigrants. So we set out to ask immigrants to tell us about their lives and put their voices and stories at the forefront.

That’s not only an important American story, it’s a crucial story for California, which is home to the nation’s largest immigrant population.

We partnered with the nonprofit KFF, formerly the Kaiser Family Foundation, to do a large-scale poll of U.S. immigrants to find out how their lives are going, what they’ve experienced since coming to America and what their expectations are for their futures.

Planning and conducting that poll took almost two years. We tested extensively in advance to make sure we had polling methods that would work to get a representative sample of immigrants. Then we drafted a questionnaire and translated it into nine languages. Pollsters spent more than 13,000 hours interviewing people and mailed more than 75,000 surveys.

You can take some of the poll questions yourself and see how your views compare with the people we surveyed.

Once the data came back this spring, Times reporters and photographers went to work looking for individuals and families with whom we could spend time to illuminate the findings of the survey.

So what did we find out?

Optimism. That’s one of the clearest findings and the theme of our initial story, told beautifully by reporters Brittny Mejia, Jeong Park, Jack Herrera and Tyrone Beason and photographers Irfan Khan, Dania Maxwell and Brittainy Newman. Columnist Gustavo Arellano weighed in, as well, with his own story of immigrant optimism.

And because our poll told us that many immigrants feel they don’t have enough information about how the U.S. system works, our project also includes pieces about important issues like the public charge rule and how to protect yourself against scams.

For the rest of the fall, we’ll be rolling out additional stories about aspects of immigrants’ lives. We hope you’ll come along with us on the journey.

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

The initial report — on how and why immigrants are more optimistic — gives some great profiles and is a “must read” for those interested in getting beyond the myths and outright falsehoods about migration that dominate the airwaves and our political dialogue.

🇺🇸 Due Process Forever!

PWS

09-20-23

🇺🇸⚖️🏅A LIFE DEVOTED TO JUSTICE: JOSEPH GERALD “GERRY” HEBERT (1949-2023): Voting Rights Icon, Teacher, Community Activist, Inspiration To Upcoming Generations!

https://www.legacy.com/us/obituaries/washingtonpost/name/joseph-hebert-obituary?id=53065154

Joseph Hebert Obituary

Hebert

Joseph Gerald Hebert

Joseph Gerald Hebert (Gerry), Voting Rights Attorney of Alexandria, Virginia passed away at the age of 74 on September 7, 2023.

Gerry was born in Worcester, Massachusetts to Joseph Gerald Laurie Hebert and Adeline Agnes Whitehead Hebert on February 13, 1949. A graduate of St. John’s High School in Shrewsbury, Gerry went on to earn his bachelor’s degree from Stonehill College and Juris Doctor from Suffolk University Law School.

A respected Civil Rights and Voting Rights attorney, Gerry worked in the U.S. Department of Justice’s Civil Rights Division from 1973 to 1994. While at the DOJ, he won acclaim for his work in school desegregation cases and served as the lead attorney in voting rights and redistricting lawsuits, including several cases decided by the U. S. Supreme Court. Post-DOJ, Gerry spent time in private practice specializing in election law and the Voting Rights Act. His expertise led him to the Campaign Legal Center in 2004, serving as Executive Director until 2018, before retiring from the organization in 2021. During this time, Gerry was also an adjunct professor at Georgetown University Law Center and developed a thriving intern program for CLC. He also taught at University of Virginia, American University, and New York Law School. He was awarded the Wasserstein Fellowship at Harvard Law School and Mentor in Residence at Yale Law School. In 2015, Gerry spearheaded the CLC effort to establish the Voting Rights Institute (VRI), a partnership with the American Constitution Society and Georgetown Law, which created opportunities for law students and graduates to learn how to litigate voting rights cases.

Gerry’s advocacy extended beyond his professional career. He served as PTA president at George Mason Elementary School, where he was a fixture in the hallways for years, his voice on the loudspeaker delivering the morning announcements. He worked particularly hard to ensure that families of color were involved in their children’s education, and that the needs of George Mason Elementary were made known to the School Board.

As ASA soccer coach to many of Alexandria’s youth, Gerry shared his own athletic skills, always ending a weekly practice – at the request of the team – punting the ball straight up in the air, multiple stories high.

A man of strong faith and an enthusiastic choir member, Gerry served the Fairlington United Methodist Church community in many capacities including lay leader.

Gerry worked tirelessly to help Alexandrians in need, volunteering with ALIVE! Inc. since 1986. He dedicated his time and talents, serving as ALIVE’s president, director of development, chair of the furniture program, and Last Saturday food distribution coordinator. Earlier this year, Gerry was awarded Volunteer Alexandria’s 2023 Joan White Grassroots Volunteer Service Award for his commitment to ALIVE!’s mission, specifically for his work to open both of ALIVE!’s beautiful and welcoming food hubs, ensuring that Alexandrians maintained their integrity while receiving food and critical services.

Gerry approached his personal life with the same passion and purpose. He was omnipresent in his children’s lives as he filled the roles of brown bag lunch maker, short order breakfast cook, and overprotective parent. He could be found lifting his grandchildren to top the Christmas tree, eating Oreos and drinking straight from the milk carton in the middle of the night, or dancing in the street with Victoria during a red light at the intersection of Braddock and Russell. He would “give you a nickel” if you could name the artist from the 60’s singing on the radio. He’d send you recipes for the perfect pork chop, articles about the latest threat to justice and democracy, and a heads up about recent sunscreen recalls. He was deeply devoted to playing the guitar, discovering the best deal on good wine, and playing the lottery. He never said goodbye without also holding up his hand to sign “I love you.” He had the timing of a stand-up comedian, all the wisdom of a perfect storyteller, and an unfulfilled desire to travel the world. He was just beginning to discover what retirement was like and between the Rock ‘n Roll cruises he took with Victoria, his long ponytail, and his Bohemian pants, he confirmed his family’s suspicion that he really did dream of being the next great American folk singer. He was a lively wedding dancer, a proficient recaller of sports stats, and even attended MLB professional umpire school. Gerry was an expert magician, the friend you were thankful to call yours, and as far as his family knew, he was “the strongest man in the world.”

Gerry is preceded in death by his mother and father.

Gerry is survived by his wife of 37 years, Victoria, his children, Christy Przystawik (Tom Przystawik), Greta Gordon (Jim Gordon), Brooke Harris (Ben Harris), Josh Hebert, and Marlea Hebert (Anthony DiBerardinis). His brother, Tom Hebert (Maria Hebert), and his 10 grandchildren, Gunter, Annika, Amelie, Harper, Sadie, Bailey, Brighid, Adrian, Tyler, and Abe.

A funeral service will be held on Saturday, September 16, 2023 at Fairlington United Methodist Church.

In lieu of flowers donations can be made in honor of Gerry to The Campaign Legal Center, ALIVE, Lawyers’ Committee for Civil Rights Under Law and Fairlington United Methodist Church (music program).

Published by The Washington Post on Sep. 10, 2023.

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Gerry’s son Josh Hebert is one of our son Will’s closest friends, growing up in Alexandria and attending Alexandria City Public Schools together. Our church, Beverley Hills Community Methodist Church, has been part of ALIVE’s “grass roots” programs to make Alexandria a better place to live for families and individuals of all income levels. I also spoke at Fairlington Methodist on immigration and the need for reform at a public forum that Gerry helped organize.

Gerry was one of the former DOJ attorneys to courageously speak out publicly against the appointment of notorious White Nationalist and civil rights underminer then-Senator Jeff Sessions to be U.S. Attorney General under Trump. See.e.g., https://immigrationcourtside.com/2017/01/04/sessions-no-civil-rights-hero-say-former-doj-cvil-rights-attorneys/. Sessions proved to be just as horrible and unqualified for the job as Gerry had warned.

Gerry was an inspiration and role model for the “new generation” of civil rights attorneys dedicated to making equal justice in America a reality rather than an unfulfilled promise!

Yesterday’s “Courtside” post highlighted the words of Justice Ketanji Brown Jackson that embodied many of Gerry’s life values;

And I am confident that, just like generations of Americans before us, we are up to the challenge. Armed with our history, well-prepared by our past, and secure in the knowledge of what we have been through and where we’re headed, we will triumph in the valiant struggle to promote constitutional values and to obtain freedom and justice for all.

Due Process Forever and deep appreciation to a great American who represented “due process in action” and leaves a vibrant legacy for future generations. A life well-lived indeed!

PWS

09-18-23

🇺🇸⚖️ THE GOP RIGHT WING WANTS TO WHITEWASH AMERICAN HISTORY — JUSTICE KETANJI BROWN JACKSON SAYS WE MUST TEACH THE TRUTH ABOUT THE ROLE OF RACISM IN AMERICA —“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history.”

Dan Rather
American Journalist
PHOTO: Creative Commons

Justice Katenji Brown Jackson — Judge (now Justice) Ketanji Brown Jackson, honoree at the Third Annual Judge James B. Parsons Legacy Dinner, February 24, 2020, University of Chicago Law School. Photographer Lloyd DeGrane.
Creative Commons License

Dan Rather and Elliot Kirschner write on Steady on Substack:

https://open.substack.com/pub/steady/p/60-years-ago-in-birmingham?r=330z7&utm_medium=ios&utm_campaign=post

60 Years Ago in Birmingham

September 15, 1963 — 60 years ago today. An act of murderous cowardice in Birmingham, Alabama, shocked a nation. A bomb at the 16th Street Baptist Church placed by Klansmen killed four girls as they attended Sunday school. Many others were wounded.

As Dr. Martin Luther King Jr. would say in eulogy, “These children — unoffending, innocent, and beautiful — were the victims of one of the most vicious and tragic crimes ever perpetrated against humanity.”

Let us pause in remembrance. Please say their names aloud. They deserve our recognition:

Denise McNair, age 11.

Carole Robertson, 14.

Addie Mae Collins, 14.

Cynthia Wesley, 14.

This horrific act is not ancient history. Some of you were of memory age at the time it happened. And it was not an isolated act of violence. Rather, it was part of a bloody, tragic, and unjust campaign of terror that stretches from before our country’s birth into our present age. It is a story of murder, torture, rape, lynching, and the tearing apart of families. It is a story of Jim Crow, redlining, and voter suppression. And now it is a story that powerful forces in our country would like us to forget, or at least sanitize from the unadulterated truth.

And yet, throughout our history, bigotry has not gone unanswered. Women and men of courage and fortitude have reminded us that we should walk a path toward equality and justice. Many have sacrificed greatly in service to our nation’s highest ideals.

This bombing was an act of domestic terrorism meant to stifle a growing Civil Rights Movement. It had the opposite effect. Less than a year later, President Lyndon Johnson signed the groundbreaking Civil Rights Act.

Progress has been made. However, we are reminded in our current age that the forces of white supremacy will never give up their privilege without a fight. We see more acts of racist violence, more denying of reality, more attempts to rewrite history. It is a cynically destructive ploy for power at the expense of our national unity and the truth.

All this was on the mind of Supreme Court Justice Ketanji Brown Jackson this morning, when the first Black woman to serve on the court went to the 16th Street Baptist Church to commemorate the bombing’s anniversary. It was the justice’s first trip to Alabama, but she told those in the pews, “I felt in my spirit that I had to come.”

What she subsequently shared was an acknowledgement of the past and an admonition for our present and our future. We were moved by her words and want to include some of them here, as well as a video of the entire speech, should you wish to watch.

Justice Jackson began by contrasting the story of the Birmingham bombing and her own personal journey.

. . . .

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

Read the complete article, including Justice Jackson’s remarks and pictures of the murdered girls, at the link. Don’t let GOP extremists get away with rewriting our history to match their White Nationalist myths! It’s a key part of their scheme to “dumb down” American education and intellectual debate on all levels!

🇺🇸 Due Process Forever!

PWS

09-17-23

🤯HOW LONG DID IT TAKE THE USG TO GRANT A “SLAM DUNK” 🏀 ASYLUM CASE OF A MEXICAN JOURNALIST? — 15 YEARS! — No Wonder This Dysfunctional, Unfair System Has Endless Backlogs!

Low Hanging Fruit — Harvesting the “low hanging fruit” — the many clearly grantable asylum cases — has proved remarkably elusive for EOIR — under Administrations of both parties!
IMAGE: Creative Commons 2.0

From The National Press Club:

https://drive.google.com/file/d/1QhiXmsGEBd6YQn8lYieaP8GUt7QiEnWJ/view?usp=sharing

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

That Mexico is one of the most dangerous countries in the world for journalists is hardly “rocket science.” 🚀 See, e.g., https://www.nbcnews.com/news/latino/annihilating-journalism-mexican-reporters-work-attacks-killings-rcna14196. Yet, an EOIR Judge was allowed to twice wrongfully deny this “slam dunk” case — on specious grounds such as making the absurd finding that Mr. Gutierrez was not a journalist — over six years before the BIA finally ended the farce!🤡

Even today, there is no BIA precedent to expedite the granting of these meritorious cases and to curb rogue judges from mindlessly denying everything that comes before them (according to TRAC, the IJ in this case had a “facially ludicrous” 95.6% asylum denial record). It’s also no coincidence that AILA attorneys in El Paso, where this case originated, have long complained about anti-asylum bias among the Immigration Judges. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjphqPxn62BAxW4EVkFHUz3CEkQFnoECBEQAw&url=https://www.elpasotimes.com/story/news/immigration/2019/04/03/complaint-alleges-misconduct-el-paso-immigration-judges/3357416002/#:~:text=The%20complaint%20alleges%20that%20one,reason%20she%20was%20being%20persecuted.&usg=AOvVaw0FywozGcr8pn-K2ytfZkCT&opi=89978449.

So, let’s put this into a real world context. 15 years, two wrong IJ decisions, and two trips to the BIA to complete (actually it’s still not complete, because it was remanded for “background checks,” but that’s another saga), a case that should have taken a well-qualified Immigration Judge about 15 minutes to grant. So, what chance is there that without major leadership, personnel, structural, and substantive changes, EOIR could do “justice” on asylum cases put on an ”expedited docket.” Slim and none, as actual experience shows!

The necessary first step toward meaningful immigration reform is a complete overhaul of EOIR. Without that readily achievable administrative action, no attempt at legislative or regulatory reform can succeed. It’s not rocket science! 🚀 Just common sense, moral courage, and “good government.”

🇺🇸 Due Process Forever!

PWS

09-16-23

🇺🇸 Due Process Forever!

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From Robert Reich on Substack:

From Kelly Bouchard in the Portland Press Herald:

Grace Benninghoff in the Portland Press Herald:

Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

🇺🇸 Due Process Forever!

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Nick Miroff in WashPost:

The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:

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Todd Miller in The Border Chronicle:

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Jay Kuo in “The Status Kuo” on Substack:

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Immigrant Defenders posted this on LinkedIn:

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Catch her here on this clip:

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From the Los Angeles & San Francisco Daily Journal:

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Dan Rather and Elliot Kirschner write on Steady on Substack:

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