Trump Administration – Page 279 – immigrationcourtside.com

NYT OPINION: DAVID BROOKS: The “American Exodus” Is A Unifying Theme!

https://mobile.nytimes.com/2017/03/21/opinion/the-unifying-american-story.html?em_pos=small&emc=edit_ty_20170321&nl=opinion-today&nl_art=3&nlid=79213886&ref=headline&te=1&_r=0&referer=

“One of the things we’ve lost in this country is our story. It is the narrative that unites us around a common multigenerational project, that gives an overarching sense of meaning and purpose to our history.

For most of the past 400 years, Americans did have an overarching story. It was the Exodus story. The Puritans came to this continent and felt they were escaping the bondage of their Egypt and building a new Jerusalem.

The Exodus story has six acts: first, a life of slavery and oppression, then the revolt against tyranny, then the difficult flight through the howling wilderness, then the infighting and misbehavior amid the stresses of that ordeal, then the handing down of a new covenant, a new law, and then finally the arrival into a new promised land and the project of building a new Jerusalem.

The Puritans could survive hardship because they knew what kind of cosmic drama they were involved in. Being a chosen people with a sacred mission didn’t make them arrogant, it gave their task dignity and consequence. It made them self-critical. When John Winthrop used the phrase “shining city on a hill” he didn’t mean it as self-congratulation. He meant that the whole world was watching and by their selfishness and failings the colonists were screwing it up.

As Philip Gorski writes in his new book, “American Covenant,” which is essential reading for this moment, the Puritans understood they were part of one covenant and had ferocious debates about what that covenant meant.”

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Read the full Brooks op-ed at the link above.

PWS

03/21/17

NYT EDITORIAL: Like Preceding Administrations, Trump Happy To Punish Workers, But Not So Much Employers Who Violate The Laws — Why We Need Sensible Immigration Reform Including Legalization Now!

https://mobile.nytimes.com/2017/03/20/opinion/no-crackdown-on-illegal-employers.html?em_pos=small&emc=edit_ty_20170320&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0&referer=

“President Trump began his campaign assailing immigrants as ruthless lawbreakers who steal American jobs with impunity. To halt them, he has vowed to build a wall along the border with Mexico, hire thousands of new immigration agents, ramp up immigrant detention and subject visa applicants to even more rigorous vetting. His administration has been largely silent, however, about the strongest magnet that has drawn millions of immigrants, legal and not, to the United States for generations: jobs.

American employers continue to assume relatively little risk by hiring undocumented immigrants to perform menial, backbreaking work, often for little pay. Meanwhile, as Mr. Trump’s deportation crackdown accelerates, families are being ripped apart, and communities of hard-working immigrants with deep roots in this country are gripped by fear and uncertainty. As long as employers remain off the hook, a border wall and an expanded dragnet can only make temporary dents in the flows of undocumented immigrants.”

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The truth is pretty obvious. Employers and businesspersons vote and contribute to both parties. And, as we know, “money talks.” It’s also very clear that these workers are fulfilling a continuing need in our economy. So, why not get everyone “on the books,” have taxes withheld, and document them?

While I don’t believe the Administration’s hype about undocumented migrants threatening our national security, I do think that it is a good idea to find our exactly who we have here, get them their own working Social Security numbers, withhold Federal and State taxes, Social Security, and Medicare as appropriate, and run fingerprint and background screening to weed out any serious criminals or genuine security risks.

It’s long past time to ditch the xenophobia campaign and have the parties work together for meaningful immigration reform, including some type of legalization, reasonable and effective enforcement, and an independent U.S. Immigration Court.

PWS

03/20/17

DHS Stonewalls TRAC Request For Detainer Data — Releases Own Reports With Arguably Useless/Misleading Data — Is “Amateur Night At The DHS” Underway?

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

Greetings. Today Immigration and Customs Enforcement issued its first weekly report on detainers that it said had been refused by non-federal law enforcement agencies. Unfortunately, the information ICE released is very limited and selective.

At the same time ICE released its report, the agency has started withholding other more comprehensive detainer-by-detainer information that ICE previously released to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in response to Freedom of Information Act (FOIA) requests. ICE does not claim the withheld information is exempt from disclosure, it simply claims past releases were discretionary and it is no longer willing to make many of these details available to the public.

Unfortunately, because of these ICE refusals, TRAC is unable to update its online free web query tool that allows the public to view all detainers as well as notices issued to each local law enforcement agency, month-by-month, during both the Bush and Obama Administrations, and then track what happened. TRAC’s apps cover not simply whether a detainer was refused, but whether ICE actually took the person into custody. They also show how often deportation ultimately occurred following the use of a detainer. To view these TRAC online tools see:

Detainers: http://trac.syr.edu/phptools/immigration/detain/
Removals: http://trac.syr.edu/phptools/immigration/remove/

In contrast, the limited information in ICE’s new weekly report makes meaningful comparisons difficult. ICE’s report does not provide any information on how many detainers the local law enforcement agency may have received in total, listing only those that ICE recorded as refused. The public also does not know, for example, how often ICE issued a detainer but then decided not to take the person into custody. Or having taken individuals into custody, found it did not have a legal basis to deport them.

ICE’s report does not provide any information about the content of the detainer itself, or even whether the original detainer request met legal requirements that were outlined in the Department of Homeland Security’s November 2014 memorandum regarding limits on its legal authority to issue detainers.

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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Thanks to Nolan Rappaport for passing this along. Sadly, it’s probably just the beginning of what will be a concerted effort by the Administration and DHS to prevent any meaningful statistical analysis of DHS operations, thereby inhibiting real accountability.

PWS

03/20/17

Will Wilkinson In The WashPost: American Cities Are Much Better Places To Live & Work Than The “Trump Crowd” Will Admit — And They Outproduce “Red America” By Almost 2-1!

https://www.washingtonpost.com/posteverything/wp/2017/03/17/why-does-donald-trump-demonize-cities/?utm_term=.f0beb0764db5

Will Wilkinson writes:

“But this is just to repeat that more and more of America’s dynamism and growth flow from the open city. It’s difficult to predict who will bear the downside burden of disruptive innovation — it could be Rust Belt autoworkers one day and educated, urban members of the elite mainstream media the next — which is why dynamic economies need robust safety nets to protect citizens from the risks of economic dislocation. The denizens of Trump country have borne too much of the disruption and too little of the benefit from innovation. But the redistribution-loving multicultural urban majority can’t be blamed for the inadequacy of the safety net when the party of rural whites has fought for decades to roll it back. Low-density America didn’t vote to be knocked on its heels by capitalist creative destruction, but it has voted time and again against softening the blow.

Political scientists say that countries where the middle class does not culturally identify with the working and lower classes tend to spend less on redistributive social programs. We’re more generous, as a rule, when we recognize ourselves in those who need help. You might argue that this just goes to show that diversity strains solidarity. Or you might argue that, because we need solidarity, we must learn to recognize America in other accents, other complexions, other kitchen aromas.

Honduran cooks in Chicago, Iranian engineers in Seattle, Chinese cardiologists in Atlanta, their children and grandchildren, all of them, are bedrock members of the American community. There is no “us” that excludes them. There is no American national identity apart from the dynamic hybrid culture we have always been creating together. America’s big cities accept this and grow healthier and more productive by the day, while the rest of the country does not accept this, and struggles.

In a multicultural country like ours, an inclusive national identity makes solidarity possible. An exclusive, nostalgic national identity acts like a cancer in the body politic, eating away at the bonds of affinity and cooperation that hold our interests together.

Bannon is right. A country is more than an economy. The United States is a nation with a culture and a purpose. That’s why Americans of every heritage and hue will fight to keep our cities sanctuaries of the American idea — of openness, tolerance and trade — until our country has been made safe for freedom again.”

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And, how have the cities and “urban elites” which support and help keep the rest of America afloat been rewarded?

PWS

03/20/17

THE HILL: N. Rappaport Blasts U.S. Courts For Blasting Trump!

http://thehill.com/blogs/pundits-blog/immigration/324764-federal-courts-upend-legal-precedent-in-blocking-trumps-travel

Nolan writes:

“But the court’s objection to the travel ban, which would impose a 90-day suspension on the entry into the United States of nationals from six countries which were designated by Congress and the Obama administration as posing national security risks, is that President Trump wrote it.

. . . .

Maybe the courts should heed the advice of former Vice President Joe Biden who said last week that President Trump “deserves a chance” to lead the country.”

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PWS

02/20/17

POLITICS/SUPREME COURT: It’s Time For Dems To Stand Up To Their Off-Base Base — The Folks Who Helped Put Trump In Power Now Want to Drive The Opposition Agenda!

http://www.huffingtonpost.com/entry/democrats-supreme-court-neil-gorsuch_us_58ce94cce4b00705db502c82

From HuffPost:

“Democrats know they don’t have the votes to stop Supreme Court nominee Neil Gorsuch from clearing his Senate confirmation hearing, which begins Monday. But they don’t appear to have a strategy, or even the energy, for a coordinated fight against President Donald Trump’s conservative court pick.

Chalk it up to Trump’s chaotic administration, or to Senate Minority Leader Chuck Schumer’s low-key approach. Democrats just haven’t treated Gorsuch’s nomination as the kind of high-profile ideological battle that Supreme Court choices traditionally bring about. Even in the days leading up the hearing, it’s felt more like an afterthought on Capitol Hill.

“I hope the questions are good,” Sen. Dianne Feinstein (Calif.), the ranking Democrat on the Judiciary Committee, told The Huffington Post on Wednesday when asked about her thoughts heading into the hearing. Asked if there are any particular issues she plans to press Gorsuch on, she replied, “Not right now.”

Progressive advocacy groups have been demanding a real fight against Gorsuch, who, as an appellate judge on the U.S. Court of Appeals for the 10th Circuit, built a record of opposing reproductive rights, LGBTQ rights, civil rights, workers’ rights, immigrants’ rights and environmental protections.

Led by NARAL Pro-Choice America, 11 organizations sent a letter to Senate Democrats this month torching them for having “failed to demonstrate a strong, unified resistance to this nominee, despite the fact that he is an ultra-conservative jurist who will undermine our basic freedoms…. We need you to do better.”

They also delivered more than 1 million petitions to the Senate urging Democrats “to oppose Donald Trump’s extreme anti-choice Supreme Court nominee.”

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Barring something we don’t know yet, Judge Neil Gorsuch will become the next Associate Justice of the U.S. Supreme Court. Yes, he is very conservative. And, yes, he might well vote against some legal positions that Democrats hold dear, like Roe v. Wade.

But, we can hardly know that yet. Funny things happen when Federal Judges get lifetime appointments to collegial courts and are exposed to equally well-qualified jurists with differing views. Whether we admit it or not, as a former member of a “collegial administrative court,” I can say that the views and jurisprudence, as well as the personalities, of the other jurists, do influence, and sometime change, the outcomes of cases.

Moreover, we had an election in which the existing vacancy at the Supreme Court was a major issue brought up by both parties. And, guess what? The GOP won and the Dems lost. Not enough folks in the right places were motivated by the inevitability of a conservative pick to replace the late Justice Scalia to put Hillary Clinton in office.

While I am by no means a fan of the Trump Presidency, I find his nomination of Judge Gorsuch one of his best and most “Presidential” moves yet. Judge Gorsuch is a serious, scholarly, productive Federal Judge with experience working on a collegial court. He certainly seems to be someone willing to engage in judicial dialogue and carefully consider the views of his colleagues — necessary qualities that were not always present in Justice Scalia’s largely polarizing career.

In any event, one would not reasonably have expected President Trump to appoint Judge Merrick Garland or a Justice Sotomayor, Justice Kagan, or Justice Ginsburg “clone” to the Court, any more than we would have expected Hillary Clinton to appoint someone like Judge Gorsuch.

The groups pushing the Dems to engage in futile obstruction of the Gorsuch nomination, and to “punish” those who fail to submit to their demands are the very same disgruntled progressives and former Bernie supporters who failed to turn out the vote in sufficient numbers to beat Trump in places like Wisconsin, Pennsylvania, Michigan, North Carolina, and Ohio, states which had voted for Obama and which should have been, but weren’t, “winners” for Clinton.

Yes, “Obstructionist Politics” worked for the GOP. Big time! But the Dems strength is that they are not the GOP. Trying to turn the Democratic Party into the “Tea Party of the Left” is not going to win elections. And, it’s going to take more than miscues by President Trump to get the Dems back in power. The “expose his flaws” campaign theory was proved to be stunningly unsuccessful in the 2016 election. Doubling down on it is going to be equally unsuccessful.

No, the Dems are going to have to do more than oppose and point out Trump’s many, well-known flaws. They are going to have to come up with better programs that the country can afford and “sell” them to the voters, including some who voted for Trump. So far, I haven’t seen much of that, notwithstanding all the opposition energy that has been generated.

Pushing a futile, highly idealogical opposition to Judge Gorsuch is not the way to present yourself as the “grown-up alternative to Trumpism.” And, it is way past time for the Dems to abandon the practice of both parties of using serious and important Federal judgeships as “political footballs.”

Yes, of course, Democratic Senators should ask Judge Gorsuch tough questions. And, of course, any Senator who feels conscience bound to do so should vote against the nomination. But, for reasons of conscience, not in response to an anti-Gorsuch “campaign” being conducted by some leftist groups.

There is no reason for the Dems to be rude or obstructionist during this confirmation process. Do what you have to do, let Justice Gorsuch take his seat, and start working on some alternative programs to what President Trump and the GOP have proposed. Otherwise, Judge Neil Gorsuch will be just the first of many Supreme Court picks for President Trump and the GOP. And, the Dems will have mostly themselves to blame.

PWS

03/20/17

HuffPost Politics: Trump’s Attacks on Federal Judges Continue to Draw Fire!

http://www.huffingtonpost.com/entry/blaming-judges-is-corrosive-says-a-judge-who-ruled-against-trump_us_58cbe793e4b0be71dcf40451

“HONOLULU (Reuters) – One of three federal appeals court judges who last month upheld a ruling that blocked U.S. President Donald Trump’s first try at a travel ban said on Thursday it was “corrosive to the justice system” when litigants attack judges for their decisions.

Judge Richard Clifton of the 9th U.S. Circuit Court of Appeals became the latest in a series of judges to draw criticism from Trump after Clifton and two colleagues refused to reinstate an executive order temporarily barring entry by people from seven Muslim-majority countries.

Shortly after the Feb. 9 ruling, Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!” He also told reporters that the ruling was “political.”

“It’s easy to blame the referee when you don’t like the result,” Clifton said in a speech to the Conference of Western Attorneys General, which is meeting in Honolulu.

“It is corrosive to the system when a disappointing result, or result disappointing to you, is responded to by blaming the referee,” said Clifton, who did not mention Trump by name.

. . . .

In an order issued late Wednesday related to Trump’s first travel ban challenge, a colleague of Clifton, U.S. Circuit Judge Jay Bybee, had words of his own for the invectives against members of the judiciary in these cases.

“The personal attacks on the distinguished district judge and our colleagues were out of all bounds of civic and persuasive discourse — particularly when they came from the parties,” Bybee wrote, declining to mention the president by name.

The judge, who was also appointed by Bush, added: “It does no credit to the arguments of the parties to impugn the motives or the competence of the members of this court.”

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As pointed out in my blog yesterday, Judge Bybee was actually filing a dissenting opinion supporting the President’s authority to issue “Travel Ban 1.0.” Even so, he was offended by the President’s attacks on his Federal Judicial colleagues. Never good when even those who agree with your legal position are put off by your obnoxious personal conduct. Judge Bybee also reinforced one of my points — judges at any level never appreciate comments on the merits of a case by a party.

Here’s the link to my post from yesterday:

http://wp.me/p8eeJm-uZ

PWS

03/17/17

POLITICO: Trump Administration’s Xenophobic Immigration Policies Appear Out Of Line With Majority Of Americans!

http://www.politico.com/story/2017/03/poll-illegal-immigration-trump-236162

Louis Nelson reports in Politico:

“Six out of 10 Americans reached for a new poll released Friday by CNN said U.S. immigration policy should be geared towards aiding those who are employed and inside the country illegally with obtaining legal status, not deporting them as President Donald Trump has proposed.

Sixty percent of those polled said the top priority for the government when it comes to immigration should be “developing a plan to allow those in the U.S. illegally who have jobs to become legal residents.” Twenty-six percent said the U.S. should focus on a plan to stop more undocumented immigrants from crossing the border and 13 percent said the government’s priority should be deporting those who are already here.
Asked what should be done with undocumented immigrants who speak English, have jobs, are willing to pay back taxes and have been in the U.S. “for a number of years,” 90 percent of respondents said they would support legislation that allowed them to remain in the country and offered a path to U.S. citizenship. Support for such a policy had broad bipartisan support, backed by 96 percent of Democrats, 87 percent of Republicans and 89 percent of independents.”

Along the same line, in her Right Turn op-ed column in today’s Washington Post, Jennifer Rubin writes:

“In short, nothing was more central to Trump/Bannon than their ethno-nationalist fear-mongering, which played to the sense of alienation and displacement many white working-class Americans felt. The strategy was simple: Give them a scapegoat, rather than address complex problems. It’s a strategy employed for centuries by autocrats, bigots and charlatans. There is also nothing more un-American and violative of our historical and constitutional traditions. Let’s hope and pray Trump/Bannon have awoken a sleeping giant — the conscience of good and decent Americans.”

Here’s a link to Rubin’s full piece:

https://www.washingtonpost.com/blogs/right-turn/wp/2017/03/17/heres-why-trumps-pratfalls-on-immigration-keep-coming/?hpid=hp_no-name_opinion-card-f:homepage/story&utm_term=.78dd6e6f503d

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PWS

03/17/16

New Case Challenges DHS Delays In Bringing Detainees Before U.S. Immigration Courts!

https://www.lexisnexis.com/legalnewsroom/immigration/b/newsheadlines/archive/2017/03/11/class-action-lawsuit-claims-delays-in-immigration-courts-cancino-castellar-v-kelly.aspx?Redirected=true

From LexisNexis:

“ACLU Files Class Action Lawsuit Against DHS Challenging Months–Long Delays in Bringing Detained Immigrants, Asylum Seekers Before Judges

Thousands Are Incarcerated For Months In Remote Facilities Waiting To See A Judge

“The ACLU of San Diego & Imperial Counties (“San Diego ACLU”), Fish & Richardson P.C., and the Law Offices of Leonard B. Simon P.C. filed a class action lawsuit in federal court yesterday against the U.S. Department of Homeland Security and the Department of Justice. The suit seeks to end the excessive delays depriving civil immigration detainees of due process and prompt judicial review.

Every day, immigration agencies incarcerate tens of thousands of longtime U.S. residents, victims of persecution, and others in remote detention centers, ripped from their families and without access to legal support. None are serving time for a crime – and no judge has determined that there is probable cause to detain them – yet they are held in these deplorable detention facilities while they pursue legal avenues to remain in the U.S.

In San Diego and Imperial Counties, these detainees can languish for months before they are brought before a judge just to begin their case and learn for the first time why they are being incarcerated, what they can do to help present their case, or whether they can take steps to seek their release and get back to their loved ones.”

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The system is already badly broken. And the Trump Administration’s poorly-conceived plans to enforce and detain to the max are just going to make it worse. Likely that cases such as this, combined with arrogance and poor judgement by the Administration, eventually are going to result in Federal Court supervision of virtually every aspect of immigration hearing process. The case is Cancino Castellar v. Kelly. Keep an eye on it!

PWS

HuffPost: The Dark Lord’s Budget

http://www.huffingtonpost.com/entry/donald-trump-budget_us_58cb0384e4b0ec9d29da5634

“A presidential budget isn’t so much a policy proposal as a statement of an administration’s moral vision for the country. The budget presented by President Donald Trump on Thursday is a document fundamentally unconcerned with the government’s role in improving the plight of its most vulnerable citizens.

That message is clear in the budget’s topline proposals and its deeper details. Trump calls for a $54 billion boost in defense spending and immigration enforcement. More border patrol agents, more Immigration and Customs Enforcement officers, more fighter jets that don’t work, and a border wall with Mexico. To offset those fresh expenses, he wants to take an ax to a host of anti-poverty programs ― everything from public housing to food programs helping elderly people with disabilities.”

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Tax breaks for the rich, more bombs for the military, an un-needed wall, dirty air, no diplomacy, and lumps of coal for the poor.

PWS

03/16/17

WashPost — Administration Suppresses Internal Info Questioning Basis For Travel Ban

https://www.washingtonpost.com/world/national-security/internal-trump-administration-data-undercuts-travel-ban/2017/03/16/9a2dc6b4-098e-11e7-93dc-00f9bdd74ed1_story.html?hpid=hp_rhp-top-table-main_trumpwords-815pm%3Ahomepage%2Fstory&utm_term=.cee0f15e49a5

The Washington Post reports:

“At least two sets of internal data that have been available to the Trump administration — but that have never been publicized — appear to undercut the government’s argument for a travel ban that it had hoped would take effect Thursday, according to several officials familiar with the documents.

One internal report, titled “Most Foreign-Born US-Based Violent Extremists Radicalized After Entering Homeland,” analyzed roughly 90 cases involving suspected or confirmed foreign-born terrorists, finding that most of them probably embraced extremist ideology after they arrived in the United States, not before.

Another report, drawn on classified FBI data, has been used by the Trump administration to bolster its claims that refugees pose a risk of terrorism. But the figures that are the basis for that report undermine a key premise of the travel ban, with most of the suspects cited in the report coming from countries unaffected by President Trump’s executive order, according to officials familiar with the report.”

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PWS

03/16/17

Trump Picks On The World’s Most Vulnerable — Syrian Refugee Children — Refugee Cuts Hit Desperate Kids In Need Of Help!

https://www.washingtonpost.com/opinions/global-opinions/the-heartbreaking-losses-in-the-worst-year-for-syrias-children/2017/03/15/419bdcb8-08e7-11e7-93dc-00f9bdd74ed1_story.html?utm_term=.93f1dad68517

The Washington Post reports:

“Syria’s revolution began with children. A group of boys in the southern town of Daraa who painted anti-government slogans on walls were arrested and tortured, touching off popular demonstrations that started in March 2011 and soon spread to other cities. From the beginning, the Assad regime responded brutally, gunning down peaceful marchers who called for democratic reforms. Six years later, as U.N. Human Rights Commissioner Zeid Ra’ad al-Hussein put it on Tuesday, “the entire country has become a torture chamber: a place of savage horror and absolute injustice.” It is, he said, “the worst man-made disaster the world has seen since World War II.”
Having abandoned feeble attempts to stop the slaughter, Western governments — including the Trump administration — are trying to literally screen it out, blocking the flows of increasingly desperate refugees. Peace talks promoted by Russia and Turkey are going nowhere, while the Assad regime is proclaiming its intention to continue its scorched-earth tactics until it gains control over the entire country. So far, 2017 looks to be another “worst year” for Syrian children.”

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Is this really what we’ve become as a nation?

PWS

03/16/17

NYT OPINION: Nicholas Kristof — Paul Ryan Meets Jesus

https://mobile.nytimes.com/2017/03/16/opinion/and-jesus-said-unto-paul-of-ryan.html?smid=tw-share&_r=0&referer=http://m.facebook.com

“From everyone who has been given much,” Jesus told him, “much will be required.”

“Well, sure, this hospital would have a foundation to do some charity work. Maybe commissioning portraits of The Donald to hang in the entrance. But let’s drop this bleeding heart nonsense about health care as a human right, and see it as a financial opportunity to reward investors. In this partnership, 62 percent of the benefits would go to the top 0.6 percent — perfect for a health care plan.”

Jesus turned to Pious Paul on his left and said: “Be gone! For I was hungry and you gave me no food; I was thirsty, and you gave me no drink; and I was sick, and you did not help me.”

“But, Lord,” protested Pious Paul of Ryan, “when did I see you hungry or thirsty or sick and refuse to help you? I drop your name everywhere. And I’m pro-life!”

“Truly, I say to you,” Jesus responded, “as you did not help the homeless, the sick — as you did not help the least of these, you did not help me.”

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Read the full op-ed at the link.

PWS

03/16/17

WashPost: Trump & Advisers Are Own Worst Enemies — Intemperate Statements And Overt Bias Undermine Litigation — Clients Should Not Comment On Pending Cases Is One Of The Oldest Rules Of The Game — Trump & Co. Should Follow It If They Want To Be “Winners”

https://www.washingtonpost.com/politics/trump-and-his-advisers-cant-keep-quiet–and-its-becoming-a-real-problem/2017/03/16/157d2100-0a63-11e7-93dc-00f9bdd74ed1_story.html?hpid=hp_rhp-top-table-main_trumpwords-815pm:homepage/story&utm_term=.9888c4c5deac

“But perhaps nowhere have Trump’s words been as damaging as his attempts to implement the travel ban — which may have been damaged further by Trump’s remarks at his Nashville rally. Trump inflamed controversy during the campaign by calling for a temporary ban on all foreign Muslims from entering the United States, then later shifted to vague pledges to ban people from countries with a history of Islamist terrorism.

“I am sure that challengers will use the president’s comments last night as further evidence that the true intent of his executive order is to bar Muslim immigration,” said Stephen W. Yale-Loehr, a professor of immigration law at Cornell Law School.”

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Trying to defend this gang and some of their ill-conceived policies and unnecessarily inflammatory statements is going to be a challenge, even for the most savvy Government attorney.

PWS

03/16/17

Trump Budget Calls For 75 New U.S. Immigration Judge Teams

https://www.washingtonpost.com/politics/trump-budget-calls-for-border-wall-border-prosecutions/2017/03/16/eba18240-0a80-11e7-bd19-fd3afa0f7e2a_story.html?utm_term=.76f73186b931

The Washington Post writes:

“Trump’s spending blueprint released Thursday is light on specifics, but makes clear that his campaign pledge to confront illegal immigration is a top priority. Even as he plans to cut the Justice Department’s budget by more than $1 billion, Trump is asking for hundreds of millions of dollars to hire 60 federal prosecutors and 40 deputy U.S. Marshals to focus on border cases.

He also wants to boost immigration courts by $80 million to pay for 75 additional teams of judges. That would speed up removal proceedings for people in the United States illegally and address a backlog of more than 540,000 pending cases. The plan foreshadows a greater emphasis on prosecuting people who cross the border illegally, those who come back after being deported, and anyone tied to human and drug smuggling.

Trump’s proposal also calls for adding $1.5 billion to Immigration and Customs Enforcement’s budget to find, detain and deport immigrants living in the U.S. illegally, along with more than $300 million to hire 500 new Border Patrol agents and 1,000 immigration agents.

The president’s budget is the first step in a lengthy process of funding government agencies, and it’s not clear which of Trump’s priorities will be approved by Congress.”

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My take:

Undoubtedly, the Immigration Court needs more Immigration Judges. On the positive side:

The Administration recognizes the need;

By referring to “teams” it appears that the Administration recognizes that judges can’t function without support, space, computers, etc.

On the negative side:

Given EOIR’s recent past performance, it could take the rest of the Administration to fill these new positions and expand Immigration Court facilities to accommodate the new judges. There currently are approximately 70 vacant IJ positions, most from the last Congressional increase;

There are likely to be a fair number of judicial retirements, compounding the hiring problems;

What kind of Immigration Judges would Sessions hire? He has never shown much respect for due process, fairness, or the rights of migrants. So, if he hires “Immigration Judges in his own image,” as he is legally entitled to do, that’s going to be a “due process disaster” for individuals seeking justice in Immigration Court;

Even with 449 fully trained judges on the bench, it would take nearly 1.6 years just to adjudicate currently pending cases. Piling more “priority” cases on top without any reasonable plan for deciding the currently pending cases is likely just to add to the backlogs and waiting times and further compromise due process and justice. It will undoubtedly result in more “aimless docket reshuffling” (“ADR”) which expends effort without producing any final dispositions.

There is no mention of needed reforms in Immigration Court structure, administration, and technology. Without those needed reforms, more judicial positions are unlikely to solve the Immigration Court’s deep existing problems in delivering due process and justice in a timely fashion.

Meanwhile, some sources have reported that existing Immigration Judges have been asked to be available for possible details outside of their “home” courts for up to 10 months of the year. As I have pointed out before, each time a sitting Immigration Judge is detailed, he or she leaves behind a full docket of cases which must be rescheduled.

Ordinarily, this results in cases scheduled for the near future being “reset” to dates at the end of overcrowded dockets, usually several years in the future. Plus, every act of mass rescheduling creates staff burdens that result in defective notices or other important work (such as answering phones, logging in new cases, or filing briefs and motions for upcoming cases) being put on hold.

PWS

03/16/17

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