A PRESIDENCY WITHOUT INTELLIGENCE IS A THREAT TO OUR NATIONAL SECURITY: By Contrast, Individuals Seeking Asylum Through Our Legal System @ Our Southern Border Are No Such Thing — “None of the [U.S. intelligence] officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”

James Hohmann from the “Daily 202” in today’s WashPost:

— Here are five of the main issues where the intelligence community leaders broke with Trump:

  1. Coats “said that North Korea was ‘unlikely to completely give up its nuclear weapons and production capabilities,’ which the country’s leaders consider ‘critical to the regime’s survival.’ That assessment threw cold water on the White House’s more optimistic view that the United States and North Korea will achieve a lasting peace and that the regime will ultimately give up its nuclear weapons.’”

  2. None of the officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”

  3. Officials also warned that the Islamic State was capable of attacking the United States and painted a picture of a still-formidable organization. Trump has declared the group defeated and has said he wants to withdraw U.S. troops from Syria as a result.”

  4. The officials assessed that the government of Iran was not trying to build a nuclear weapon, despite the Trump administration’s persistent claims that the country has been violating the terms of an international agreement forged during the Obama administration. Officials told lawmakers that Iran was in compliance with the agreement.”

  5. Officials also warned, as they did last year, about Russia’s intention to interfere with the U.S. political system. … Trump continues to equivocate on whether Russia interfered in the 2016 election on his behalf, contradicting the unanimous assessment of all the top intelligence officials currently serving.”

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

Here’s a more detailed story by Shane Harris from today’s Post setting forth just how “out to lunch” our “Intelligence professionals,” whom Trump himself appointed, think the President’s “threat assessment” is, specifically including, but not limited to, his “manufactured security crisis” at the Southern Border. https://www.washingtonpost.com/world/national-security/intelligence-officials-will-name-biggest-threats-facing-us-during-senate-hearing/2019/01/28/f08dc5cc-2340-11e9-ad53-824486280311_story.html?utm_term=.5b8041d6dc0a

I’ve been saying on “Courtside” for some time that the real existential threat to our national security is Trump. While the Administration has undoubtedly completely screwed up our asylum system at the border and in the U.S. Immigration Courts that has almost nothing to do with “national security.”

It’s simply a matter of common sense: We know (or should know) almost exactly what the number oF arrivals is going to be, particularly when they travel in slow-moving “caravans” that easily can be tracked and anticipated. We certainly could “funnel” almost all of them into the legal screening system for asylum.

Get the Inspectors and Asylum Officers down there to do the screening, and the necessary Immigration Judges, ICE lawyers, and defense counsel to decide cases of those screened in! Take lower priority cases, most involving long-term residents who have been here and likely will continue to be here for years, off the overcrowded Immigration Court dockets!

This would allow processing of the “new influx” in a timely manner, with full due process, and without creating more “Aimless Docket Reshuffling” in the Immigration Courts. It would also avoid the always ineffective, wasteful, and usually illegal “gimmicks” that the Administration has used to “game” the asylum system against applicants. And, certainly in this respect, getting more pro bono lawyers involved would be a much bigger help than more unneeded troops or Border Patrol Agents.  Let the Border Patrol go back to their job of apprehending those border crossers who aren’t turning themselves in at or near the border to apply for asylum. Stop wasting resources and solve the problem!

Meanwhile, we should all be scared by Trump’s disregard of the prudent advice of his “national security and intelligence team.”

PWS

01-30-19

🤡U.S. CLOWN COURT: Where Justice & Logic Are A Bad Joke, & Those We Should Be Welcoming Are Instead Shown The Door!

https://www.washingtonpost.com/outlook/my-immigrant-client-won-a-judges-compassion-ice-still-dumped-him-on-the-border/2019/01/24/7802a800-1e9c-11e9-8b59-0a28f2191131_story.html

Attorney Marty Rosenbluth writes in the Washington Post Sunday Outlook Section:

Attorney  ’s client made a passionate case to the judge about our unjust system

This month, I went to court with José. He came to the United States without papers from Mexico when he was 15, in 1999. Now he has a wife, three kids and a job in construction in Raleigh, N.C. It all came apart when police pulled him over and arrested him for driving without a license. He soon landed in the Stewart Detention Center in Lumpkin, Ga. He fought his deportation case alone for several months before his family finally called my law firm.

We first told him we couldn’t take his case because he had no chance of winning, so ethically we couldn’t take his money. Most people in deportation proceedings have few if any options to stay in the United States through the immigration courts. I urged him to take voluntary departure, which enables people to leave the country without getting a deportation order on their records, so it is easier to come back legally in the future. But he told me he was certain that, if he could just tell the court his story, the judge would see that letting him stay was right and just and fair. I told him that our immigration system had many rules and laws, but little or no justice.

In truth, I think José knew he had no chance, and he knew he’d have to leave. But he didn’t want to leave quietly. We agreed that I would accompany him — I wouldn’t say “help,” because he could have realized his plan without me, and I didn’t charge a penny — but he would address the judge directly. One of the most important things I do as an attorney is to just be present. Since the immigration laws are so defective, and the judges often play by their own rules (routine bond requests are usually denied, and this Georgia court has one of the lowest approval rates for asylum cases in the country), and the detention/deportation centers are designed to break people’s spirits, often there is not much else that can be done. Based on what transpired, I’m glad I went.

José’s whole family came to support him — his wife and his kids and a friend. When we sat down at the bench, I told the judge that José would be speaking for himself. In immigration courts, migrants usually just answer questions, so the judge asked me if I was requesting to withdraw. I said I wasn’t: I was staying at the table, but José was going to do all the talking. And the judge, to his credit, heard him out.

The judge explained the law and what José would have to prove in order to win. Before hiring us, José had submitted an application, on his own, for “cancellation of removal.” There are four elements: He had to prove that he had been living here for more than 10 years, that he was a person of good moral character and that he hadn’t broken any laws that would bar him under the statutes from applying. José could show all of these things. But the fourth criterion is the hardest. José would have to prove that if he were deported, it would cause an “exceptional and extremely unusual hardship” to a spouse, parent or child who is a U.S. citizen or lawful permanent resident. Usually it means you have a child with cancer, or a spouse with a disability that makes them unable to work or support a family — something on that scale. If you can convince the court merely that your family would be made homeless or that your children would subsist on food stamps, that is not considered sufficient. That is just the usual hardship that deportees’ families experience.

Without missing a beat, José said to the judge, “I have the first three, your honor, but I do not have the fourth.” Turning around to look at his family, with obvious pride, he told the judge: “This is my family. These are my children. Everything I do, I do for them. But thankfully they are all healthy, which for the moment seems for some reason to be bad.” Truly, logic has no place in immigration court.

The judge said that, based on this testimony, he would have to deny his application for cancellation of removal. Still, the judge offered José voluntary departure and explained, as I had, that it would make it easier for him to return.

I had met with José’s wife, Maria, too, and explained “VD,” which is a safer option than exiting the nation through the usual deportation machinery. People who are deported to Mexico from Stewart and many other detention centers are just dumped on the border, where gangs await them. (People deported to other countries are flown.) They are often robbed, kidnapped, raped or killed. Those who take VD, on the other hand, don’t get to leave jail, but they fly back on a regular commercial flight.

The problem with voluntary departure, though, is the cost: You have to buy your own fare, and it is very expensive, currently around $1,250. Immigration and Customs Enforcement will accept only a “Y” class ticket, or a full-cost coach fare, which can often cost more than first class. José thanked the judge and declined. “The tickets cost a lot of money, and my family will need the money after I leave.”

Maria interjected, crying. “Take the voluntary,” she said. “Take the voluntary!” My client began crying, too, followed by his kids.

I decided to take a chance. I asked the judge if José could talk to his wife over the barrier. Any direct communication and especially physical contact is strictly forbidden in this courtroom. To my surprise, he agreed. So Maria came forward, and she and José started hugging and kissing and crying. The bailiff moved to intervene, but I just shook my head and mouthed the word “Please.”

The couple talked for a few minutes, and then José sat back down and offered that he would take voluntary departure. But he’d gotten to hug his 6-, 8- and 12-year-old children across the barrier. Imagine that. Humanity in what passes for a court. This is not usually how immigration cases go. The judge gave José 30 days to buy his ticket before he would lose the “privilege” of taking VD.

In the end, José sat there smiling. And proud. He was still smiling as his family left the courtroom. And smiling when he gave me a hug. He’d known all along he wouldn’t win, but he wanted to be able to call out the injustice. And the judge, who has low rates of approval for just about anything, heard him out. (Only 31 of 347 judges denied asylum claims at a higher rate, according to the Transitional Records Access Clearinghouse.) It wasn’t a victory, exactly. José wouldn’t be staying with his family. But speaking a truth, to a hostile power, is still a kind of achievement.

But it was a discordant one for such a ruthless corner of the law. And eventually the logic of our immigration system superseded his brave act.

This past week, according to a friend of his who called me to share the news, ICE came to his cell early one morning and said it would fly him to Mexico City; he wouldn’t even have to pay for his ticket. Then, that afternoon, officials came and handcuffed him, brought him to a room to wait with other detainees for several hours and deposited him on a bus. Not to the airport, as they had promised. They drove him to the border and dumped him out in Matamoros. I am looking into his legal options, because apparently no act of courage goes unpunished.

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

Thanks Marty, for giving us insight into the “parody of justice” that goes on daily in our Immigration Courts at the direction of a Department of “Justice” that long ago lost both its way and purpose and must be wrested from control of a major dysfunctional court system that it is so ethically and functionally unable to administer in anything approaching a fair and efficient manner.

I give the Immigration Judge credit for taking time to listen and allowing Jose to speak in court. In the toxic age of Trump, Sessions, Whitaker, and likely also Barr, Immigration Judges are pressured to prejudge cases and cut corners by denying claims without listening to the evidence to keep up with artificial “deportation quotas” imposed by Sessions and to keep up “productivity” which has replaced “guaranteeing fairness and Due Process” as the mantra of today’s “Clown Courts.”

On the other hand, there are alternatives available. The BIA precedents on what constitutes “exceptional and extremely hardship” are intentionally vague and subject to interpretation. How do I know? They were issued while I was serving as BIA Chair (one over my dissent).

They were supposed to be part of a group of cases, sometimes knows as the “basket of pain,” defining the term in a number of different contexts. But, after Ashcroft’s “Saturday Night Massacre” at the BIA “took out” those judges, including me, who sometimes ruled in favor of respondent’s positions, the project was abandoned. My remaining colleagues were afraid that ruling on anything so controversial, and particularly granting anything to a respondent, could be “career threatening,” probably with good reason. So, Immigration Judges were left to their own devices. Many of the BIA panels on the other hand, took a pretty hard line, all, of course, in unpublished decisions.

Coming to the Arlington Immigration Court from the BIA, I actually underwent some “culture shock.” In an early cancellation case, I was thinking that the respondents, although great folks who were doing good things for America and their citizen family, probably wouldn’t “make the cut” under the standards that my last BIA panel had been applying. But, when the Assistant Chief Counsel got up to make a closing, after I had given respondents’ counsel a rather “hard time,” I was surprised to hear an impassioned, well-reasoned, and well-supported plea joining counsel’s request for a finding of “exceptional and extremely unusual hardship” and granting the case. “It’s Recinas, not Andazola,” as we came to say in Arlington, after the names of the BIA precedents that appeared to reach conflicting conclusions.

Some Immigration Judges would have found that deprivation of the support of the “primary breadwinner” is “exceptional and extremely unusual hardship” and granted Jose cancellation of removal. And, some ICE Assistant Chief Counsel would have waived appeal. Just shows what a “crapshoot” justice has become in the Immigration Courts.

BS (“Before Sessions”) at the Arlington Immigration Court, the Assistant Chief Counsel would probably have offered “prosecutorial discretion” or “PD” to Jose. And, I would have encouraged Marty to take that offer and “live to fight another day.” I would have given Jose and his family my “bad things will happen if you screw up again in any way speech,'” “administratively closed” the case, and taken it off my docket. The court and both counsel would have saved time and Jose and his family could have gone on living their lives and contributing to America pending good behavior and an eventual legalization program by Congress.

Not a perfect solution to be sure. But, a fundamentally just one that allowed me, ICE, and the private bar to move on and deal with other higher priority cases that really needed my judicial attention.

Trump, Sessions, Nielsen and their White Nationalist Gang have stripped the Immigration Courts of whatever little sense of justice and judicial control remained. They intentionally have turned a struggling system into a totally dysfunctional and fundamentally unjust and unconstitutional one.

We can only hope that at some point the Article III Courts will have seen enough and will put this totally bankrupt system into “receivership;” or that some future Congress and a more competent and honest Administration will create an independent Immigration Court focused, as it should be, on fairness and Due Process. Until then, justice and logic will continue to be a bad joke in the “U.S. Clown Courts.” 🤡

PWS

01-28-19

OUTRAGEOUS: TRUMP’S BOGUS “COMPROMISE” IS NOTHING BUT A TOTAL SHAM — It Would Effectively Repeal The Refugee Act, End Asylum System, & Violate Our International Treaty Agreements — McConnell & Every Legislator Who Votes For This Should Be Voted Out Of Office For Betraying America! — Trump, Pence, Lie To Americans Yet Again!

https://www.washingtonpost.com/opinions/2019/01/22/trumps-phony-compromise-has-now-been-unmasked-total-sham/

Opinion writer

January 22 at 10:20 AM

President Trump and his allies have spent days talking up the idea that his new proposal to reopen the government constitutes a “compromise.” Senate Majority Leader Mitch McConnell (R-Ky.) has vowed to bring the proposal to a vote this week, arguing that it’s a “compromise” that includes “priorities” that “both sides” want. Vice President Pence insisted that it’s a “compromise” that has been offered in “good faith.”

But on Monday night, Senate Republicans released the bill text of this supposed “compromise.” Surprise: It has been so loaded up with poison pills that it looks as if it was deliberately constructed to make it impossible for Democrats to support.

If so, that would be perfectly in keeping with the M.O. that we’ve already seen from top adviser Stephen Miller, who appears devoted to scuttling any and all policies that could actually prompt compromises but which don’t endeavor to reduce the total number of immigrants in the United States to as low a figure as possible.

Trump’s proposal, as presented in his speech the other day, would reopen the government, provided that Democrats agree to $5.7 billion in spending on his border wall. It would also include hundreds of thousands of dollars in humanitarian provisions, which is good (though the administration itself wants those funds).

What concessions would Democrats get? As Trump noted, the proposal would include legislative relief for 700,000 young immigrants brought here illegally as children — a.k.a. “dreamers” — and for people whose temporary protected status is set to expire. Trump also said Central American migrant children would get a “new system” to “apply for asylum in their home countries.”

Trump argued that the plan is “straightforward, fair, reasonable and common sense, with lots of compromise.”

This is utter nonsense on just about every level. And the bill itself now proves it.

The proposal on the dreamers was whittled down to the point where it only undoes the disaster Trump himself is orchestrating. The New York Times recently reported that Miller privately “intervened” to ensure that the bill dramatically downsizes the number of dreamers who would get protections. He cut that number from 1.8 million to 700,000 (the number Trump referenced).

The bill text confirms this and illustrates how it was done. It grants three years of protected lawful status plus work authorization only to those who are currently on the Deferred Action for Childhood Arrivals program, not to all of those who are eligible for it, a much larger pool. It cannot be renewed.

This is a badly truncated version of the Bridge Act, a measure championed by Sens. Lindsey Graham (R-S.C.) and Dick Durbin (D-Ill.) that would have granted this status to the larger pool of those who are DACA-eligible. Thus, Trump’s proposal would only restore temporary protections that were already granted and that Trump has tried to take away (his effort to cancel DACA is tied up in court). The press release accompanying the new bill misleadingly calls the new measure “the Bridge Act,” inadvertently preserving the taint of bad faith pervading this particular provision.

The new proposal is much worse on asylum seekers than advertised. The bill text explains what Trump really meant when he claimed his proposal would create a “new” way for Central American migrant children to apply for asylum. The proposal actually declares that the only way any of them will be eligible for asylum going forward is if they apply for it outside the United States at soon-to-be-created application centers in Central America, according to several legal experts I spoke with about this.

Those experts point out that this would in effect close off the main avenue for these minors to apply — that is, the right to apply when they enter the United States and are apprehended. To be clear, creating an out-of-country way to apply is not itself a bad thing, and the proposal appears ostensibly to be in keeping with an aim that appears understandable on its face — the desire to discourage the journey.

But that belies the deeper significance of this change. According to Philip Wolgin, the managing director for immigration policy at the Center for American Progress, by foreclosing the option of applying in the United States, it would gut the basic values at the core of our asylum program — values in keeping with international human rights norms holding that if people who had good reason to flee horrible civil conditions at home present themselves at borders and appeal for refuge, they have the right to have their claims heard.

Plus, the program actually caps the total who can be annually granted asylum at 15,000. In the last fiscal year, some 50,000 unaccompanied minor migrants were apprehended, and while we can’t be sure how many would ultimately qualify for asylum, the cap itself creates an arbitrary maximum unrelated to the strength of their actual claims, Wolgin notes. And as immigration policy analyst Aaron Reichlin-Melnick points out, once the Department of Homeland Security nixes asylum, under the new proposal it would not be subject to judicial review.

“They’re trying to radically reshape asylum law,” Wolgin told me.

This is nothing remotely like a compromise offer

There is no way this offer represents a compromise, if we conventionally understand a “compromise” to be an agreement in which both sides secure meaningful concessions. Actual concessions by Trump on the dreamers might entail extending these protections well beyond what he’s currently trying to cancel, such as applying them to far more people or, better, granting a path to citizenship for dreamers or otherwise making their protections permanent.

What’s more, given how radical these proposed changes to asylum law are, it’s precisely the opposite of the spirit of compromise that Trump and McConnell are trying to jam them through under duress — with the gun of a government shutdown pointed at the country, to jam Democratic lawmakers — rather than through a legitimate, good-faith congressional process that would include hearings, fact-finding and deliberation.

Which gets to the biggest sham of all at the core of this whole affair. If the offer by Trump and McConnell really represented something that actually did involve meaningful concessions to both sides, and thus actually could provide the basis for real compromise discussions, then why would they need to keep the government closed while those talks unfolded?

The answer is simple: They know their only hope of getting the concessions they’re demanding from Democrats is to keep the gun pointed at the hostage.

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

Refugees would die under this bogus “proposal” which bears all the marks of having been drafted by racist, xenophobe, neo-Nazi, “Putinite” Trump advisor and former Sessions acolyte Stephen Miller. It’s obviously a non-starter with the Dems and a totally outrageous “kick in the teeth” to dedicated out of work U.S. Government employees. It’s also an insult to all Americans who were not told the totally outrageous details of this “bogus non-proposal” when Trump and Pence dishonestly presented it as a “good faith compromise.”

Vladimir must be having one of the best days of his life! Destroying America and adopting “Soviet values.” And, it isn’t costing Vladimir anything. But, Trump and his GOP stooges are costing us — Big Time!

PWS

01-22-18

TRUMP’S “OFFER” MIGHT WELL BE A STUNT – BUT, IT’S ALSO AN OPPORTUNITY FOR THE DEMS TO STEP UP, SAVE LIVES, AND GOVERN RESPONSIBLY – They Should Make A Counterproposal – Here’s The “SMARTS Act Of 2019!”

There are opposing “schools of thought” on Trump’s latest immigration statement. For example, the LA Times says it another “Trump stunt to shift blame” that the Dems should resist.  https://www.latimes.com/opinion/editorials/la-ed-trump-shutdown-daca-20190119-story.html

Makes sense.

 

On the other hand, the Washington Post says that notwithstanding Trump’s annoying tactics, it’s an opportunity to reopen the Government and save the Dreamers that the Dems should pursue. https://www.washingtonpost.com/opinions/make-a-deal-to-help-the-real-people-behind-the-rhetoric/2019/01/19/f5b18866-1c17-11e9-88fe-f9f77a3bcb6c_story.html?utm_term=.5b08d589dfa9

Also makes sense.

 

I understand the Dems reluctance to enable Trump’s “hostage taking” strategy. But, I doubt they can solve that with Trump and the GOP controlling two of the three political arms of Government.

 

Indeed, a better idea would be for Speaker Pelosi and Majority Leader McConnell to get together “when the smoke clears” and see what they can do jointly to take back and fix the bipartisan Congressional budget process and protect it from overreach by Executives of both parties.  For two of the major legislative “gurus” of our age in the twilight of their careers, that would be a great “bipartisan legacy.”

 

But, for the time being, folks are suffering, and lives are in danger: Government employees, those that depend on Government, asylum applicants, Dreamers, TPSers, those in Immigration Court, and the families of all of the foregoing. So, I think the Dems should make a “robust” counterproposal that gives Trump at least part of his “Wall,” but also includes other important reforms and improvements that will diminish the impact of border migration issues in the future. Most important, almost everything in this proposal would save or improve some human lives and benefit America in the short and long run.

 

So, here’s my outline of the “SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019”

 

SECURITY, MIGRATION ASSISTANCE RENEWAL, & TECHNICAL SYSTEMS ACT (“SMARTS ACT”) OF 2019

 

  • Federal Employees
    • Restart the Government
    • Retroactive pay raise

 

  • Enhanced Border Security
    • Fund half of “Trump’s Wall”
    • Triple the number of USCIS Asylum Officers
    • Double the number of U.S. Immigration Judges and Court Staff
    • Additional Port of Entry (“POE”) Inspectors
    • Improvements in POE infrastructure, technology, and technology between POEs
    • Additional Intelligence, Anti-Smuggling, and Undercover Agents for DHS
    • Anything else in the Senate Bill that both parties agree upon

 

  • Humanitarian Assistance
    • Road to citizenship for a Dreamers & TPSers
    • Prohibit family separation
    • Funding for alternatives to detention
    • Grants to NGOs for assisting arriving asylum applicants with temporary housing and resettlement issues
    • Require re-establishment of U.S. Refugee Program in the Northern Triangle

 

  • Asylum Process
    • Require Asylum Offices to consider in the first instance all asylum applications including those generated by the “credible fear” process as well as all so-called “defensive applications”

 

  • Immigration Court Improvements
    • Grants and requirements that DHS & EOIR work with NGOs and the private bar with a goal of achieving 100% representation of asylum applicants
    • Money to expand and encourage the training and certification of more non-attorneys as “accredited representatives” to represent asylum seekers pro bono before the Asylum Offices and the Immigration Courts on behalf of approved NGOs
    • Vacate Matter of A-B-and reinstate Matter of A-R-C-G-as the rule for domestic violence asylum applications
    • Vacate Matter of Castro-Tumand reinstate Matter of Avetisyan to allow Immigration Judges to control dockets by administratively closing certain “low priority” cases
    • Eliminate Attorney General’s authority to interfere in Immigration Court proceedings through “certification”
    • Re-establish weighing of interests of both parties consistent with Due Process as the standard for Immigration Court continuances
    • Bar AG & EOIR Director from promulgating substantive or procedural rules for Immigration Courts — grant authority to BIA to promulgate procedural rules for Immigration Courts
    • Authorize Immigration Courts to consider all Constitutional issues in proceedings
    • Authorize DHS to appeal rulings of the BIA to Circuit Courts of Appeal
    • Require EOIR to implement the statutory contempt authority of Immigration Judges, applicable equally to all parties before the courts, within 180 days
    • Bar “performance quotas” and “performance work plans” for Immigration Judges and BIA Members
    • Authorize the Immigration Court to set bonds in all cases coming within their jurisdiction
    • Fund and require EOIR to implement a nationwide electronic filing system within one year
    • Eliminate the annual 4,000 numerical cap on grants of “cancellation of removal” based on “exceptional and extremely unusual hardship”
    • Require the Asylum Office to adjudicate cancellation of removal applications with renewal in Immigration Court for those denied
    • Require EOIR to establish a credible, transparent judicial discipline and continued tenure system within one year that must include: opportunity for participation by the complainant (whether Government or private) and the Immigration Judge; representation permitted for both parties; peer input; public input; DHS input; referral to an impartial decision maker for final decision; a transparent and consistent system of sanctions incorporating principles of rehabilitation and progressive discipline; appeal rights to the MSPB

 

  • International Cooperation
    • Fund and require efforts to work with the UNHCR, Mexico, and other countries in the Hemisphere to improve asylum systems and encourage asylum seekers to exercise options besides the U.S.
    • Fund efforts to improve conditions and the rule of law in the Northern Triangle

 

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

No, it wouldn’t solve all problems overnight. But, everything beyond “Trump’s Wall” would make a substantial improvement over our current situation that would benefit enforcement, border security, human rights, Due Process, humanitarian assistance, and America. Not a bad “deal” in my view!

 

PWS

01-20-19

 

 

 

CREEPY NEO-NAZI GOP REP STEVE KING HAS BEEN PEDDLING HIS VILE MESSAGE OF RACIAL HATRED FOR MORE THAN A DECADE — The GOP Is Belatedly Shamed Into Taking Action Against Him

https://www.washingtonpost.com/opinions/2019/01/15/king-toppled-what-now/

Jennifer Rubin writes in the Washington Post:

Steve King was toppled. But what now?

Opinion writer

January 15 at 9:45 AM

The Post reports:

A panel of Republican leaders voted unanimously Monday to keep veteran Iowa lawmaker Steve King off House committees, a firm rebuke to an influential opponent of illegal immigration who sparked outrage last week after openly questioning whether the term “white supremacist” was offensive.

House Minority Leader Kevin McCarthy (R-Calif.) said the decision by the Republican Steering Committee, which seats lawmakers on House committees, followed his own recommendation and was meant to send a message about the GOP at large.

“That is not the party of Lincoln,” he said of King’s comments. “It is definitely not American. All people are created equal in America, and we want to take a very strong stance about that.”

One is tempted to ask: Why only now? The decision was made after Democrats threatened to bring a motion of censure, and more egregiously, after years of King’s blatantly racist comments. This is a man who met with an Austrian far-right politician who had been active in neo-Nazi circles in his youth and declared that he’d be a Republican if he were an American.

Democrats still might press for further action against King. (“[House Speaker Nancy] Pelosi on Monday left open the possibility that there could be votes on multiple sanctions for King, ranging from disapproval to censure.”) Whether Democrats proceed or not, the party of Lincoln has an elephant-size problem that dwarfs King.

If King’s defense of “white nationalism” is not acceptable, why do Republicans tolerate and extol a president who declared there to be some “fine people” among neo-Nazis, called African and Caribbean nations “shithole countries,” equated Mexican immigrants with rapists, repeatedly questioned African American critics’ IQ, asserted a federal court judge of Mexican descent to be unable to perform his job, created a conspiracy to delegitimize the first African American president, started a running battle with African American athletes who kneel to protest police brutality and fails to employ any high-level African American staffer? Why do they tolerate a president who recently declared, “If Elizabeth Warren, often referred to by me as Pocahontas, did this commercial from Bighorn or Wounded Knee instead of her kitchen, with her husband dressed in full Indian garb, it would have been a smash”?

Moreover, Republicans have spent three-plus years telling us that words don’t really matter, that tweets don’t matter. If we now agree that the words of an Iowa congressman matter a great deal, they’re going to have a hard time sticking to the view that the words of the president of the United States shouldn’t be held against him.

King is a minor-league racist, a buffoon; but President Trump leads their party. Ever since he made birtherism his signature issue and rode down the gold escalator to disparage Mexicans, Republicans have rationalized or ignored his blatant racism (and we haven’t even gotten to the nonstop misogyny).

When Senate Majority Leader Mitch McConnell (R-Ky.) says of King, “I have no tolerance for such positions, and those who espouse these views are not supporters of American ideals and freedoms,” one has to ask why he tolerates Trump and undoubtedly will support his reelection. If Sen. Mitt Romney (R-Utah) agrees that King should resign, surely he should say the same of Trump, whose words carry far more weight and who defines Romney’s party.

Republicans should have disowned Trump long ago. The good news: There is still time. No elected Republican should support Trump’s reelection for the very same reason that they belatedly took action against King. A major political party should not stand by racists.

Republicans have to decide once and for all whether they want to be the party of white grievance and racist dog-whistles and bullhorns. So long as they stand with Trump and accept the support of racists, they cannot seriously claim to be the party of Lincoln. And if it’s not the party of Lincoln, why exactly do we need a Republican Party?

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

King has the public persona of a dead eel, and represents a politically insignificant rural district. By contrast, Donald Trump is a media megastar and holds the office of President. Otherwise, there is little difference between them as racist provocateurs.

Trump basically took King’s message, effectively changed “Make America White Again” to “Make America Great Again,” and mass marketed it to a racially motivated base in locations strategically calculated to enable him to achieve electoral success with a minority of the votes.

So, why did the GOP act now? Well, one reason could be the harsh criticism that African-American GOP Senator Tim Scott of South Carolina directed at King. Scott is a rarity in today’s GOP: a person of color who matters. Unlike King, Scott is politically critical to the GOP with a narrow 53-47 majority in the Senate. Indeed, Scott recently teamed up with the Dems and several of his more moderate GOP colleagues to defeat one of Trump’s most blatantly racist judicial candidates. So, he’s not someone GOP Congressional leadership wants to mess with (particularly since Scott is otherwise willing to mindlessly line up with Trump on measures that disproportionately harm minorities in addition to being bad for the majority of Americans).

Also, King’s “foot in mouth” style keeps reminding Americans of the seamy side of Trump’s political support at inopportune times. While the GOP these days is always happy to play the “race card” when convenient and necessary, they would much prefer that it be played by Trump to rev up his base and get out the vote than by a minor and politically unappealing figure like King.

King’s demise is long overdue good news for America. But, I would neither give the GOP much credit nor expect them to take any action against the chief purveyor of lies, false narratives, and racial hatred in their party — Trump. Rubin said it simply and eloquently: “A major political party should not stand by racists.” Is anybody out there in the GOP listening?

PWS

01-15-19

A LIFE WELL LIVED: R.I.P. JUDGE PATRICIA WALD 1928 – 2019 — “The truth is that life does change and the law must adapt to that inevitability.” — Rev. Bob Jones Once Called Her An “instrument of the devil.” — Can It Get Any Better Than That?

https://www.washingtonpost.com/local/obituaries/patricia-wald-pathbreaking-federal-judge-who-became-chief-of-dc-circuit-dies-at-90/2019/01/12/6ab03904-1688-11e9-803c-4ef28312c8b9_story.html

Patricia Wald, pathbreaking federal judge who became chief of D.C. Circuit, dies at 90


President Barack Obama awards Judge Patricia Wald the Presidential Medal of Freedom in 2013. (Evan Vucci/AP)

January 12 at 12:10 PM

Shortly before she graduated from Yale Law School in 1951, Patricia Wald secured a job interview with a white-shoe firm in Manhattan. The hiring partner was impressed with her credentials — she was one of two women on the law review — but lamented her timing.

“It’s really a shame,” she recalled the man saying. “If only you could have been here last week.” A woman had been hired then, she was told, and it would be a long time before the firm considered bringing another on board.

Gradually, working nights and weekends while raising five children, she built a career in Washington as an authority on bail reform and family law. Working for a pro bono legal services group and an early public-interest law firm, she won cases that broadened protections for society’s most vulnerable, including indigent women and children with special needs.

She became an assistant attorney general under President Jimmy Carter, who in 1979 appointed her to the U.S. Court of Appeals for the District of Columbia Circuit — often described as the country’s most important bench after the U.S. Supreme Court. She was the first woman to serve on the D.C. Circuit and was its chief judge from 1986 to 1991. Later, she was a member of the United Nations tribunal on war crimes and genocide in the former Yugoslavia.

Judge Wald, whom Barack Obama called “one of the most respected appellate judges of her generation” when he awarded her the Presidential Medal of Freedom in 2013, died Jan. 12 at her home in Washington. She was 90.

The cause was pancreatic cancer, said a son, Douglas Wald.


Judge Patricia Wald in 1999. (Michael Williamson/The Washington Post)
More than 800 opinions

On the D.C. Circuit, Judge Wald served on three-member panels that decided some of the most complicated legal disputes on the federal docket. She wrote more than 800 opinions during her tenure — many on technical matters involving separation of powers, administrative law and the environment — and she counted herself among the more liberal jurists, viewing the law as a tool to achieve social progress.

At the time, demonstrators regularly gathered outside the South African Embassy to shame the apartheid regime and outside the Nicaraguan and Soviet embassies to call attention to human rights violations. (The case was brought by conservative activists protesting Nicaragua’s radical left-wing Sandinista regime and the treatment of Soviet dissident Andrei Sakharov.)

Writing for the majority, Judge Robert H. Bork cited the obligation of the United States to uphold the “dignity” of foreign governments. Judge Wald responded that the ruling “gouges out an enormously important category of political speech from First Amendment protection.”

Judge Wald played a small role in a long-running, high-profile case involving the Justice Department’s effort to break up the software giant Microsoft on the grounds of anti-competitive practices.

She dissented in 1998, when the court ruled that the company had not violated a consent decree regarding Microsoft’s bundling of its Internet browser with its Windows 95 operating system. She concurred with the government’s argument that bundling gave the software company’s browser an unfair advantage and could be financially harmful to competitors. (Microsoft and the Justice Department reached a settlement in 2002.)

In 1997, she delivered a unanimous opinion in a case growing out of a corruption probe involving Mike Espy, who served as agriculture secretary under President Bill Clinton and was accused of accepting illegal gifts. In her opinion, one of the most cited executive-privilege cases since the Watergate era, Judge Wald broadened the scope of executive privilege to include the president’s senior advisers while noting that it was “not absolute” and could not be claimed in all circumstances.

In a speech at Yale in 1988, she likened judges on the appeals court to “monks or conjugal partners locked into a compulsory and often uneasy collegiality. . . . I constantly watch my colleagues in an effort to discern what it takes to be a good appellate judge: alertness, sensitivity to the needs of the system and one’s colleagues, raw energy, unselfishness, a healthy sense of history, some humility, a lively interest in the world outside the courthouse and what makes it tick.”

Summer jobs at the factory

Patricia Ann McGowan was born in the factory town of Torrington, Conn., on Sept. 16, 1928. She was 2 when her father, whom she called an alcoholic, abandoned the family. Her mother raised her with the help of relatives. They all worked at Torrington Co., which produced sewing and surgical needles and, during World War II, ball bearings.

She remembered working summers, as a teenager, at the factory, “up to my arms in ball-bearing grease.” The drudgery and her encounters with union activists sparked her interest in labor law.

In 1952, she married a Yale classmate, Robert L. Wald. After a stint clerking for a federal judge and working as an associate in a Washington law firm, she shifted her attention to her family for the next decade.

She did legal research projects on the side, collaborating with Daniel J. Freed, a Yale classmate and Justice Department lawyer, on “Bail in the United States — 1964,” a book credited with spurring the Bail Reform Act of 1966. That landmark legislation upended the bail system, which had left poor defendants little choice but to languish in jail before trial, by allowing defendants to be released without bond in certain noncapital cases. (The act was later watered down by preventive-detention laws.)

Judge Wald led a team that successfully argued in 1970 before the D.C. Circuit federal appeals court that the financial barrier was effectively an unconstitutional denial of access to the courts.

Judge Wald’s subsequent work for the Center for Law and Social Policy, a public-interest law firm, led to one of the first court decisions requiring that school districts provide an adequate education to the mentally and physically disabled.

Sen. Gordon J. Humphrey (R-N.H.), citing an article she had written on the legal rights of children to seek without parental approval medical and psychiatric attention in extreme cases, accused her of being “anti-family.” Appearing before the Senate Judiciary Committee, Bob Jones III, a fundamentalist preacher and president of Bob Jones University in South Carolina, called her an “instrument of the devil.”

Judge Wald liked to recall that a reporter approached her son Thomas, then in high school, for his reaction to his mother being called a minion of Lucifer. “Well, she burns the lamb chops,” Thomas replied, “but otherwise she’s okay.”

Her husband, who became a prominent Washington antitrust lawyer in private practice, died in 2010. Survivors include their children, Sarah Wald of Belmont, Mass., Douglas Wald of Bethesda, Md., Johanna Wald of Dedham, Mass., Frederica Wald of New York and Thomas Wald of Denver; 10 grandchildren; and one great-grandson.

Judge Wald was a former vice president of the American Law Institute, an organization of legal professionals. After the collapse of the Soviet Union, she participated in American Bar Association efforts to assist structural changes to the legal systems of former communist nations in Eastern Europe.

In 1999, U.N. Secretary General Kofi Annan named her one of 14 judges, from as many countries, to serve on the war crimes tribunal for the former Yugoslavia at The Hague.

She sat for two years on the now-defunct criminal court and was on the panel of judges that in 2001 convicted former Bosnian Serb general Radislav Krstic, the first person found guilty of genocide by the tribunal. The tribunal sentenced Krstic to 46 years in prison for his role in the slaughter of thousands of Muslim men and boys near Srebrenica in 1995. An appeals court later reduced the sentence to 35 years.

Judge Wald brought what the New York Times called a refreshing lack of pomp to the tribunal, often running down documents herself, instead of dispatching clerks to fetch them, leaving her office door open for visitors and taking her meals in a canteen where judges were seldom spotted.

She sat on many blue-ribbon panels and commissions. But she said she took particular pride in her role in an appellate decision involving a Naval Academy honor student, Joseph Steffan, who had been expelled because he was openly gay.

Judge Wald was part of the three-judge panel that unanimously ruled in 1993 that the armed forces could not make sexual orientation the sole criterion for expulsion. The Justice Department then asked for a rehearing by the full D.C. Circuit court, which in a 7-to-3 ruling — with Judge Wald dissenting — rejected Steffan’s readmission.

“You always have a sad feeling when you write a dissent because it means you lost,” Judge Wald said in an interview with a D.C. Bar publication. “But you write them because you have faith that maybe they will play out at some time in the future, and because of the integrity you owe to yourself. There are times when you need to stand up and say, ‘I can’t be associated with this point of view.’ That was certainly the way I felt in the gay midshipman case.”

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I knew Judge Wald back in the Carter Administration when she was the Assistant Attorney General for Legislative Affairs at the DOJ and I was the Deputy General Counsel of the “Legacy INS.” I was working for then General Counsel David Crosland, now Judge Crosland of the Baltimore Immigration Court. Part of my “portfolio” was the INS Legislative Program. Judge Wald’s “right hand man” on immigration legislation was my friend the late Jack Perkins who later went on to a distinguished career as a Senior Executive at EOIR.
I remember Judge Wald as wise, courteous, congenial, humane, practical, and supportive.  She was also a long-time friend of the late former EOIR Director Kevin D. Rooney who was then the Assistant Attorney General for Administration.
My favorite Judge Wald quote from this obit was the last one:
“You always have a sad feeling when you write a dissent because it means you lost,” Judge Wald said in an interview with a D.C. Bar publication. “But you write them because you have faith that maybe they will play out at some time in the future, and because of the integrity you owe to yourself. There are times when you need to stand up and say, ‘I can’t be associated with this point of view.’ That was certainly the way I felt in the gay midshipman case.”
Yup, I can certainly relate to that.
R.I.P. Judge Wald.
PWS
01-13-19

NOT IN OUR BACK YARDS! – Border Residents Pledge To Fight Inch By Inch To Keep Trump From Grabbing Their Land For Wall!

https://www.washingtonpost.com/national/texas-landowners-dig-in-to-fight-trumps-border-wall/2019/01/09/89bb3b4e-145a-11e9-ab79-30cd4f7926f2_story.html

Nomaan Merchant of AP reports in WashPost:

HIDALGO, Texas — As President Donald Trump travels to the border in Texas to make the case for his $5.7 billion wall, landowner Eloisa Cavazos says she knows firsthand how the project will play out if the White House gets its way.

The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court.

“You could give me a trillion dollars and I wouldn’t take it,” said Cavazos, whose land sits along the Rio Grande, the river separating the U.S. and Mexico in Texas. “It’s not about money.”

. . . .

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Read the complete story at the above link.

I remember a “time long ago and far away” when the GOP was the staunch champion of private property rights against the incursions of Government (having had some contact with eminent domain, vehicle and vessel seizure, and entry onto “open lands” for law enforcement purposes during my past life at the “Legacy INS”). That was then; this is now! Does the GOP really believe in anything these days? Not apparent to me.

PWS

01-13-19

COVERUP: TRUMP CONCEALED DETAILS OF PUTIN CONTACTS — President Appears To Be Up To His Neck In Suspicious Connections With America’s Enemy!

https://www.washingtonpost.com/world/national-security/trump-has-concealed-details-of-his-face-to-face-encounters-with-putin-from-senior-officials-in-administration/2019/01/12/65f6686c-1434-11e9-b6ad-9cfd62dbb0a8_story.html

Greg Miller reports in WashPost:

President Trump has gone to extraordinary lengths to conceal details of his conversations with Russian President Vladi­mir Putin, including on at least one occasion taking possession of the notes of his own interpreter and instructing the linguist not to discuss what had transpired with other administration officials, current and former U.S. officials said.

Trump did so after a meeting with Putin in 2017 in Hamburg that was also attended by then-Secretary of State Rex Tillerson. U.S. officials learned of Trump’s actions when a White House adviser and a senior State Department official sought information from the interpreter beyond a readout shared by Tillerson.

The constraints that Trump imposed are part of a broader pattern by the president of shielding his communications with Putin from public scrutiny and preventing even high-ranking officials in his own administration from fully knowing what he has told one of the United States’ main adversaries.

As a result, U.S. officials said there is no detailed record, even in classified files, of Trump’s face-to-face interactions with the Russian leader at five locations over the past two years. Such a gap would be unusual in any presidency, let alone one that Russia sought to install through what U.S. intelligence agencies have described as an unprecedented campaign of election interference.

Special counsel Robert S. Mueller III is thought to be in the final stages of an investigation that has focused largely on whether Trump or his associates conspired with Russia during the 2016 presidential campaign. The new details about Trump’s continued secrecy underscore the extent to which little is known about his communications with Putin since becoming president.

After this story was published online, Trump said in an interview late Saturday with Fox News host Jeanine Pirro that he did not take particular steps to conceal his private meetings with Putin and attacked The Washington Post and its owner Jeffery P. Bezos.

. . . .

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

Read the complete article at the above link.

The shutdown/Southern Border Fake Crisis appears to be a distraction from the real national security threat: Donald Trump!

He’s  dividing and destroying America, just like Putin wants him to do. Why is the GOP “going along to get along” with a blatantly dishonest and clearly unqualified President who is undermining America?

PWS

01-12-19

SISTER NORMA PIMENTEL: A MESSAGE TO TRUMP FROM THE REAL BORDER

https://www.washingtonpost.com/opinions/2019/01/10/welcome-border-mr-president/

Sister Norma Pimentel in WashPost:

Norma Pimentel, a sister of the Missionaries of Jesus, is director of Catholic Charities for the Rio Grande Valley.

Dear Mr. President,

We welcome you to our community here in South Texas along the Rio Grande, which connects the United States to Mexico. I wish you could visit us. Our downtown Humanitarian Respite Center has been welcoming newcomers for the past four years.

When families cross the border, they are typically apprehended by authorities, held for a few days and released with a court date to consider their request for asylum. After they are released, we receive them at our respite center. By the time they find their way to our doors, most adults are wearing Border Patrol-supplied ankle bracelets and carrying bulky chargers to keep those devices powered up.

Helping these families has been our work since 2014, when tens of thousands of people, primarily from Guatemala, Honduras and El Salvador, crossed into the United States through the Rio Grande Valley Sector, creating a humanitarian emergency in our community. Before the respite center opened, dozens of immigrant families, hungry, scared and in a foreign land, huddled at the bus station with only the clothes on their back, nothing to eat or drink, and nowhere to shower or sleep. They waited hours and sometimes overnight for their buses.

Every day of the year, from morning to evening, families coming over the border are welcomed at our center with smiles, a warm bowl of soup, a shower and a place to rest. Most families are exhausted and afraid, carrying little more than a few belongings in a plastic bag. They come in all forms and at all ages. Few speak any English. Most are in great need of help. Some days, we see 20 people. Other days, it’s closer to 300. In recent weeks, it has been very busy. Some stay a few hours, but many spend the night before heading on to new destinations. Since we opened, more than 100,000 have come through our doors.

We work closely with the U.S. Customs and Border Protection Rio Grande Valley Sector, and our team has cultivated a culture of mutual respect and dialogue. Our center staff, in communication with the Border Patrol, prepares to receive groups of immigrants who have been released. We try to meet the need. It is vital that we keep our country safe, and I appreciate the work of the men and women in the U.S. Customs and Border Protection who are vigilant as to who enters our country. I pray for them daily.

Later in the day, you will meet some of the children who are playing in our small play yard and the mothers and fathers who are watching over them. Some will be resting, as for many of them this is the first place since they left their home countries where they feel safe.

In the evening, another group of volunteers arrives to cook and serve a simple dinner of pizza or tacos, beans and rice, Sometimes local restaurants donate the dinner. Either way, the families who will remain for the night have a meal and prepare to sleep. In the morning, we send them on their way, a little better off but armed with a sign (that we give them) that reads: “ PLEASE HELP ME. I DO NOT SPEAK ENGLISH. WHAT BUS DO I TAKE? THANK YOU FOR YOUR HELP!”

As the Most Rev. Daniel E. Flores, bishop of our diocese, says, “We must put human dignity first.”

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This is a more accurate picture of Central American asylum seekers which reflects the inspirational qualities of courage, ingenuity,  perseverance, gratitude, and industry that I found in the most of the asylum-seeking individuals and families I came in contact with over my years at the Arlington Immigration Court.

Also, Sister Norma paints a more sympathetic picture of the U.S. Border Patrol which reflects some of my experiences when I worked with them at the “Legacy INS.”

Imagine what even a few billion (or even a few million) dollars invested in humanitarian assistance like that provided by Sister Pimentel and her organization could do as opposed to wasteful spending on more largely useless walls and wasteful and inhumane detention centers.

Walls, jails, prosecutions, threats, and disingenuous de-humanizing rhetoric are not effective or acceptable ways of dealing with a humanitarian crisis.

PWS

01-10-19

MORE PHONY BALONEY FROM LIAR-IN-CHIEF!

https://www.washingtonpost.com/politics/2019/01/09/fact-checking-president-trumps-oval-office-address-immigration/

Salvador Rizzo reports for WashPost:

The first misleading statement in President Trump’s Oval Office address Tuesday night came in the first sentence.

Trump, addressing a national television audience from behind his desk, warned of a “security crisis at the southern border” — even though the number of people caught trying to cross illegally is near 20-year lows.

Another false claim came moments later, when Trump said border agents “encounter thousands of illegal immigrants trying to enter our country” every day, though his administration puts the daily average for 2018 in the hundreds. A few sentences later, he said 90 percent of the heroin in the United States comes across the border with Mexico, ignoring the fact that most of the drugs come through legal entry points and wouldn’t be stopped by the border wall that he is demanding as the centerpiece of his showdown with Democrats.

Over the course of his nine-minute speech, Trump painted a misleading and bleak picture of the situation at the U.S.-Mexico border. He pumped up some numbers, exaggerated the public safety risks of immigration and repeated false claims regarding how to fund a border wall.

The appearance, coming as a partial federal government shutdown resulting from the wall fight enters its third week, underscored the extent to which Trump has relied on false and misleading claims to justify what has long been his signature political issue.

One false claim noticeably absent from the speech was the assertion made by the president and many of his allies in recent days that terrorists are infiltrating the country by way of the southern border. Fact-checkers and TV anchors, including those on Fox News, spent days challenging the truthfulness of the claim.

Below are the truths behind Trump’s claims from the Oval Office address:

“Tonight I am speaking to you because there is a growing humanitarian and security crisis at our southern border.”

By any available measure, there is no new security crisis at the border.

Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. The fiscal 2018 number was up from just over 300,000 apprehensions at the U.S.-Mexico border for fiscal 2017, the lowest level in more than 45 years.

There are far more cases of travelers overstaying their visas than southern border apprehensions. In fiscal 2017, the Department of Homeland Security reported 606,926 suspected in-country overstays, or twice the number of southern border apprehensions. In fiscal 2016, U.S. officials reported 408,870 southern border apprehensions and 544,676 suspected in-country overstays.


(Kevin Uhrmacher/Washington, D.C.)

While overall numbers of migrants crossing illegally are down, since 2014 more families from El Salvador, Guatemala and Honduras have begun to trek to the United States in search of safer conditions or economic opportunities, creating a humanitarian crisis.

“Record numbers of migrant families are streaming into the United States, overwhelming border agents and leaving holding cells dangerously overcrowded with children, many of whom are falling sick,” The Washington Post reported Jan. 5. “Two Guatemalan children taken into U.S. custody died in December.”

“Every day Customs and Border Patrol agents encounter thousands of illegal immigrants trying to enter our country.”

Southern border apprehensions in fiscal 2018 averaged 30,000 a month (or 1,000 a day). They ticked up in the first two months of fiscal 2019, but it’s a stretch to say “thousands” a day. Better to say “hundreds.”

“America proudly welcomes millions of lawful immigrants who enrich our society and contribute to our nation, but all Americans are hurt by uncontrolled illegal migration. It strains public resources and drives down jobs and wages. Among those hardest hit are African Americans and Hispanic Americans.”

Some context here: In general, economists say illegal immigration tends to affect less-educated and low-skilled American workers the most, which disproportionately encompasses black men and recently arrived, low-educated legal immigrants, including Latinos.

The U.S. Commission on Civil Rights in 2010 found that illegal immigration has tended to depress wages and employment for black men. However, there are other factors at play, and “halting illegal immigration is not a panacea even for the problem of depressed wage rates for low-skilled jobs,” the commission found.

The consensus among economic research studies is that the impact of immigration is primarily a net positive for the U.S. economy and to workers overall, especially over the long term. According to a comprehensive 2016 report by the National Academies of Sciences, Engineering, and Medicine on the economic impacts of the U.S. immigration system, studies on the impact of immigration showed “the seemingly paradoxical result that although larger immigration flows may generate higher rates of unemployment in some sectors, overall, the rate of unemployment for native workers declines.”

“Our southern border is a pipeline for vast quantities of illegal drugs, including meth, heroin, cocaine and fentanyl. Every week, 300 of our citizens are killed by heroin alone, 90 percent of which floods across from our southern border.”

‘There is no crisis’: Three border-town neighbors react to Trump’s wall demand

With a partial wall near their homes, three neighbors in Penitas, Tex., react to President Trump’s call to expand the barrier on the Mexican border.

In 2017, more than 15,000 people died of drug overdoses involving heroin in the United States, according to the Centers for Disease Control and Prevention. That works out to about 300 a week.

But while 90 percent of the heroin sold in the United States comes from Mexico, virtually all of it comes through legal points of entry. “A small percentage of all heroin seized by [Customs and Border Protection] along the land border was between Ports of Entry (POEs),” the Drug Enforcement Administration said in a 2018 report. So Trump’s wall would do little to halt drug trafficking. Trump’s repeated claim that the wall would stop drug trafficking is a Bottomless Pinocchio claim.

“In the last two years, ICE officers made 266,000 arrests of aliens with criminal records, including those charged or convicted of 100,000 assaults, 30,000 sex crimes, and 4,000 violent killings. Over the years, thousands of Americans have been brutally killed by those who illegally entered our country, and thousands more lives will be lost if we don’t act right now.”

Trump warns about dangerous criminals, but the numbers he’s citing involve a mix of serious and nonviolent offenses such as immigration violations. U.S. Immigration and Customs Enforcement reports yearly arrest totals without breaking down the type of offense, which could be anything from homicide to a DUI to illegal entry.

Notice how Trump switches quickly from the 266,000 arrests over two years to charges and convictions: “100,000 assaults, 30,000 sex crimes, and 4,000 violent killings.” In many cases, the people arrested face multiple counts, so that switch gives a confusing picture.

In fiscal 2018, ICE conducted 158,581 administrative arrests for civil immigration violations. The agency’s year-end report says two-thirds (105,140) of those involved people with criminal convictions and one-fifth (32,977) involved people with pending criminal charges. Of the 143,470 administrative arrests in 2017, 74 percent involved people with criminal records and 15.5 percent involved people who had pending charges. But these totals cover all types of offenses — including illegal entry or reentry.

In the fiscal 2018 breakdown, 16 percent of all the charges and convictions were immigration and related offenses.

“Last month, 20,000 migrant children were illegally brought into the United States, a dramatic increase. These children are used as human pawns by vicious coyotes and ruthless gangs.”

No government statistic tracks children smuggled in by bad actors, “coyotes” or drug gangs. What Trump is referring to is CBP’s number for family unit apprehensions, a monthly statistic. The family unit by definition must include at least one parent or legal guardian and one minor. (There’s a separate figure for unaccompanied alien children.)

That number was 25,172 in November, the most recent month for which data are available, but it’s wrong to describe it as a statistic that represents children being smuggled into the country.

Trump describes this as 20,000 children, but it could be many more, considering that some families have multiple children. More important, Trump describes this as children being smuggled in by coyotes or gangs, but border officials screen for false claims of parentage. To imply as Trump does that a child’s mother, father or legal guardian is or hired a smuggler, coyote or gang member in all of these cases is wrong.

“Furthermore, we have asked Congress to close border security loopholes so that illegal immigrant children can be safely and humanely returned back home.”

The Trump administration considers the Flores settlement agreement a loophole. That policy requires the government to release unaccompanied immigrant children who are caught crossing the border within 20 days to family members, foster homes or “least restrictive” settings.

The president also wants to tighten U.S. asylum laws generally and the Trafficking Victims Protection Reauthorization Act, with the goal of restricting some immigrants’ opportunities to file asylum petitions. Trump describes these asylum provisions as “border security loopholes,” but supporters call them core provisions of U.S. laws that cover refugees.

“Finally, as part of an overall approach to border security, law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”

Trump suggests that Democrats requested a steel barrier rather than a concrete wall, but the proposed switch to steel was an idea the Trump administration brought up. No Democrats are on record demanding a steel barrier along the U.S.-Mexico border.

“This is just common sense. The border wall would very quickly pay for itself. The cost of illegal drugs exceeds $500 billion a year, vastly more than the $5.7 billion we have requested from Congress.”

Trump tweeted a similar claim in March, citing a study from the Center for Immigration Studies, which supports more restrictive immigration policies. Essentially, the claim that the wall pays for itself turns on three numbers: a) estimated savings from each undocumented immigrant blocked by the wall, b) the total number of undocumented immigrants stopped over 10 years and, and c) the cost of the wall.

It’s (a) $75,000 multiplied by (b) 160,000 to 200,000 equals (c) $12 billion to $15 billion. So, if the wall actually costs $25 billion, the number of undocumented immigrants halted by the wall would need to be doubled, or one has to assume it would take 20 years to earn the money back. But other experts offer different estimates for each of those numbers.

Plus, as we’ve previously reported, the wall would do little to stop drugs from entering the United States, since they primarily come in through legal points of entry, making the cost of illegal drugs irrelevant to this issue.

“The wall will also be paid for indirectly by the great new trade deal we have made with Mexico.”

This is a Four Pinocchio claim. During the campaign, Trump more than 200 times promised Mexico would pay for the wall, which the administration says would cost at least $18 billion. Now he says a minor reworking of the North American Free Trade Agreement (NAFTA) will earn enough money for pay for the wall.

This betrays a misunderstanding of economics. Countries do not “lose” money on trade deficits, so there is no money to earn; the size of a trade deficit or surplus can be determined by other factors besides trade. Congress must still appropriate the money, and the trade agreement has not been ratified.

“Senator Chuck Schumer, who you will be hearing from later tonight, has repeatedly supported a physical barrier in the past, along with many other Democrats. They changed their mind only after I was elected president.”

Schumer, Hillary Clinton and many other Democrats voted for the Secure Fence Act of 2006, which authorized building a fence along nearly 700 miles of the border between the United States and Mexico. But the fence they voted for is not as substantial as the wall Trump is proposing. Trump himself has called the 2006 fence a “nothing wall.”

Michelle Ye Hee Lee and Meg Kelly contributed to this report.

(About our rating scale)

 

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Here is a good summary of Trump’s “Bogus, Self-Created Non-Emergency” (a/k/a “Fiddling While Rome Burns”) from the WashPost Editorial staff:

https://www.washingtonpost.com/opinions/here-are-some-real-emergencies-none-of-them-requires-the-president-to-turn-into-a-dictator/2019/01/08/7030a93c-1376-11e9-803c-4ef28312c8b9_story.html

January 8 at 4:44 PM

AS CRISES go, the situation along the southern border is certainly a logistical, humanitarian and managerial challenge. Its urgency is accentuated by laws and infrastructure ill-suited to the current flood of families seeking asylum in the United States. But it is not a national emergency, as President Trump has framed it, any more than numerous other challenges we can think of.

The Border Patrol’s average monthly arrests of undocumented immigrants have plummeted by nearly two-thirds from the administration of President George W. Bush to that of Mr. Trump. There is no evidence that terrorists have crossed the frontier illegally from Mexico, as Mr. Trump likes to say. And a wall of the sort the president covets would do little to deter drugs or criminals, most of which enter the country through legal crossing points.

As a legal matter, it’s unclear whether Mr. Trump has the authority to declare an official emergency as a means of diverting funds that would enable the military to build the wall; certainly, he would be challenged in court if he tried it. What is clear is that, as a policy matter, many crises are equally or more deserving of the attention, money and resolve Mr. Trump has focused on the wall.

Start with the opioid addiction epidemic, which the president did designate a national health emergency in the fall of 2017. Unfortunately, there has been limited follow-up from him or his administration since then. Even with more than 70,000 people dying in 2017 from drug overdoses, federal spending remains at levels far short of what experts say is required to fight addiction effectively.

What about fatal motor vehicle crashes, which, despite impressive progress in recent decades, claimed the lives of more than 37,000 people in 2017? That’s more than 100 deaths on average each day — more than twice the rate at which U.S. soldiers were killed during the Vietnam War’s bloodiest year, 1968. A similar number of people died in the United States as a result of firearms in 2016, about two-thirds of them involving suicide. Any other Western democracy would regard that as a bona fide emergency; Mr. Trump barely mentions it.

An excellent case could be made for declaring an emergency over Russian meddling in U.S. elections, the scale and scope of which is only gradually becoming clear. Climate change is a full-blown emergency whose threat to lives and property is poised to rise exponentially.

The right response to all these emergencies would be for Congress and the president together to shape policy responses — not to deny their existence, as Mr. Trump does with climate change, or use them for political gain, as he does with the border. The one emergency Mr. Trump fears is the threat he faces from his own base should it conclude his border-wall promise was a hoax. Thus has the president perverted the public debate and diverted the United States’ gaze from authentic dangers.

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I could have spent all day posting about Trump’s bogus crisis, lies, etc. But, the above two posts really say about all you really need to know about the real facts about the border and Trump’s dishonest attempt to shift attention away from the real crisis he’s caused: The unnecessary and idiotic shutdown of essential Government functions from which it might take us years to recover, if ever! As pointed out by the Post, Trump’s dishonesty and incompetence undermines efforts to address the real problems faced by our nation. That’s going to take some “competence in government” — a feature completely absent from the Trump Administration which has encouraged and implemented “worst practices” at all levels.

I don’t know how we’re going to be able to recruit the “best and brightest” for our Career Civil Service in the future given the way they have been mistreated by Trump and the GOP.

And, Trump’s “kakistocracy,” is a shocking foretaste of what we’re in for in the future if we don’t get some basic competency, decency, and expertise back into our Government Service — at all levels, starting with the top.

PWS

01-09-19

 

IMMIGRATION COURTS: WILL TRUMP’S SHUTDOWN BE THE FINAL NAIL IN THE COFFIN? — Demoralized, Backlogged, Mismanaged, Immigration Courts Experiencing A New Wave Of Politically Caused “Aimless Docket Reshuffling,” As More Cases That Should Have Been Completed Are Mindlessly “Orbited” to 2021 & Beyond Because Of Trump’s Intransigence!

https://www.washingtonpost.com/world/national-security/shutdown-worsens-strain-on-us-immigration-system/2019/01/02/97dd0ef6-0ebe-11e9-84fc-d58c33d6c8c7_story.html

Nick Miroff reports in the WashPost:

. . . .

The Executive Office for Immigration Review, the immigration court system run by the Justice Department, did not respond to requests for comment, because its public affairs staff has been furloughed.

But Ashley Tabaddor, president of the National Association of Immigration Judges, the union that represents the country’s approximately 400 judges, said the impact of the disruption has been “immense.”

Immigration judges all received furlough notices on Dec. 26, she said, but many have since been instructed to return to court to adjudicate cases of detainees in immigration custody. The judges are also working without pay.

Some of those judges have their calendars booked three to four years in advance because of the backlog of cases, Tabaddor said, so hearings that have been canceled in recent days cannot be rescheduled until 2021 or beyond.

“The irony is not lost on us,” Tabaddor said, “that the immigration court is shut down over immigration.”

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Read Nick’s complete report at the link.

This confirms what many have been saying all along: Trump neither knows nor cares about effective immigration enforcement. No, he’s all about blowing racist “dog whistles” for the benefit of a White Nationalist “base.”

I remember how previous shutdowns were the beginning of the “Aimless Docket Reshuffling” that has so damaged our Immigration Courts and artificially jacked up the backlog. First, the politicians show their disdain for the Government they are supposed to be running and the civil servants who are actually doing the work of that Government. Then the politicos at DOJ show their disrespect by designating most Immigration Court functions as “nonessential.” Then, when work resumes, EOIR basically says “no heroics, just put all the cancelled cases at the end of the docket.” So much for urgency, priorities, Due Process, and respect.

In fact, an operating, well-staffed, highly professional Immigration Court with expertise in asylum and other complex provisions of immigration law and an unswerving commitment to enforcement of Due Process for all individuals within its jurisdiction is essential for effective immigration enforcement. Indeed, this was “at least one central reason” for the removal of the Immigration Courts from the “Legacy INS” and the establishment of EOIR as a separate quasi-judicial entity within the DOJ during the Reagan Administration.

For a time, EOIR made substantial progress toward professionalism and judicial independence until the advent of Attorney General John Ashcroft and his notorious nativist sidekick Kris Kobach in 2001.  Thereafter, it’s been pretty much straight downhill, starting with Ashcroft’s trashing of the BIA and continuing through Sessions’s gross mismanagement and overt attacks on judicial independence, due process, and substantive asylum law.

Today, the Immigration Court system is in shambles, unable to provide either consistent fairness and Due Process to respondents or timely removal orders for those who might be legitimate enforcement priorities for the DHS. The BIA fails to provide true deliberation, commitment to Due Process, and expertise, particularly in the areas of asylum, CAT, and the provisions for removal of certain criminals. This, in turn, erodes deference and debilitates efficient review from the “real” Article III Courts.

The Trump Administration has made a complete hash out of the immigration laws. However, at some point, reasonable, responsible leadership will return to the political scene. When it does, an independent Article I U.S. Immigration Court must be at or near the top of the legislative agenda.

Until then, the dysfunction will increase unless and until the Article IIIs figure out and impose a temporary fix. Otherwise, they are likely to have little if any judicial time to devote to anything other than the chaos thrust upon them by the rapidly failing Immigration Court system.

PWS

01-05-19

 

THE HILL: NOLAN SAYS PACKAGE INCLUDING BORDER SECURITY & DREAMER SOLUTION IS KEY TO ENDING SHUTDOWN

https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

Family Pictures

Nolan writes:

. . . .

Strict enforcement of employer sanctions could create chaos within California’s employer class, the kind of personal and financial turmoil that elected representatives are expected to fix — and which puts them in bad odour if they don’t.

Instead of putting Trump in a position where he has to resort to such drastic action, Pelosi could offer him border wall funding in exchange for immigration reform legislation, such as a legalization program for DACA participants.

Previous negotiations with Trump on DACA legislation seemed promising when he offered a legalization program for 1.8 million DACA participants in his Framework on Immigration Reform & Border Security, but the Democrats would not agree to the concessions he was demanding.

The deal killer was a demand to end chain migration, but there is a way to compromise on that demand. Instead of a creating a regular legalization program for the DACA participants, create a place for them in the Special Immigrant Juvenile (SIJ) program.

This little-known humanitarian program makes lawful permanent resident status available to undocumented alien children who have been abused, abandoned, or neglected by a parent and should not be returned to their own countries.

Trump’s other demand was to end the Diversity Visa Program (DVP), but the Democrats have shown a willingness to end this program. Senator Charles Schumer’s (D-N.Y.) Gang of Eight bill would have repealed the DVPif it had been enacted.

. . . .

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I think that Nolan is on the right track for a compromise solution to end the shutdown:  robust border security plus Dreamer relief seems like a logical package. But, as with everything in Washington, the Devil is in the details.  And, Trump is always a “Wild Card” (in more ways than one).

If anyone can figure out a way to broker an agreement with Trump and Leader McConnell, it would be Speaker Pelosi. Whether you are a fan or not, she clearly will go down as one of the most effective and skilled legislators of her generation. Interestingly, Colby Itkowitz of the WashPost’s “The Fix” observed that Trump seems to have an unusual (and perhaps healthy) respect for Pelosi.  https://thehill.com/opinion/immigration/423320-pelosi-could-get-tinkle-all-over-her-if-she-blocks-funding-for-trumps

PWS

01-04-19

KAREN TUMULTY @ WASHPOST: Trump Is The Ugliest American – Amazingly, He Keeps Getting Uglier!

https://www.washingtonpost.com/opinions/2018/12/29/with-trump-there-is-no-bottom/

Karen Tumulty writes in WashPost:

With President Trump, there is no bottom. Every time you think you have seen it, he manages to sink even lower.

It is not news that the president is indifferent to human suffering. His limp response to the devastation of the 2017 hurricane in Puerto Rico — which he claimed to have been a “fantastic job” on the part of his administration — stands out in that regard. But on Saturday, we saw yet another level of depravity when Trump made his first comments regarding the deaths in recent days of two migrant Guatemalan children after they were apprehended by federal authorities. It revealed not only callousness but also opportunism, as he sought to turn this tragedy into a partisan advantage in his current standoff with Democrats over the government shutdown.

His statements came, not unexpectedly, over Twitter. First this:

Any deaths of children or others at the Border are strictly the fault of the Democrats and their pathetic immigration policies that allow people to make the long trek thinking they can enter our country illegally. They can’t. If we had a Wall, they wouldn’t even try! The two…..

And then, minutes later, this:

…children in question were very sick before they were given over to Border Patrol. The father of the young girl said it was not their fault, he hadn’t given her water in days. Border Patrol needs the Wall and it will all end. They are working so hard & getting so little credit!

Not a word of sympathy here — much less remorse on the part of the government over the deaths of a 7-year-old girl and 8-year-old boy while in its custody. Nor does Trump address questions that are being raised about whether the administration’s new policy seeking to limit the ability of immigrants to seek asylum protection might be a factor in putting more at risk. Under recent changes, migrants must remain in Mexico as their asylum cases are processed, possibly increasing their willingness to do something reckless to come across the border.

Then there was the dissonance: His blast came on a day that Homeland Security Secretary Kirstjen Nielsen was visiting Yuma, Ariz., after stopping in El Paso, Tex. Her department has promised more thorough medical screenings and is calling on other agencies to help. “The system is clearly overwhelmed and we must work together to address this humanitarian crisis and protect vulnerable populations,” Nielsen said in a statement.

Even if Trump were to get funding for the wall — and even if the wall were the deterrent he promises it would be, a more dubious proposition — that would be many months if not years in the future. This is an immediate crisis, for which the president seems to have no concern. Nor does Trump address the fact that what he claims are Democratic immigration policies have been in place for decades, and yet, until this month, it had been more than a decade since a child had died while in Customs and Border Protection custody.

It is true that greater numbers of vulnerable Central American children are being put into treacherous situations. My colleagues Joshua Partlow and Nick Miroff have done excellent reporting on how smugglers are gaming a dysfunctional immigration system:

This is happening because Central Americans know they will have a better chance of avoiding deportation, at least temporarily, if they are processed along with children.

The economics of the journey reinforces the decision to bring a child: Smugglers in Central America charge less than half the price if a minor is part of the cargo because less work is required of them.

Unlike single adult migrants, who would need to be guided on a dangerous march through the deserts of Texas or Arizona, smugglers deliver families only to the U.S. border crossing and the waiting arms of U.S. immigration authorities. The smuggler does not have to enter the United States and risk arrest.

The Trump administration tried to deter parents this spring when it imposed a “zero tolerance” family-separation policy at the border. But the controversy it generated and the president’s decision to halt the practice six weeks later cemented the widely held impression that parents who bring children can avoid deportation.

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

In the meantime, we have a president who is willing to politicize the deaths of two young children to score points against the opposition party. And the most shocking thing about seeing him scrape along a new moral bottom is this: It is no longer shocking at all.

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Read the original article at the link.

The key:

As Trump fulminates about the wall, he rarely brings up the idea of doing anything about the source of the problem: the desperation of people who are being driven from their native countries by poverty and violence. Until those forces are addressed, migrants will keep coming, even if it means taking greater risks to do so.

Walls, detention centers, tent cities, and more Border Patrol Agents won’t solve this problem. Nor will proposed changes in the law and administrative actions aimed at further undermining our legal obligations toward refugees and asylum seekers. In fact, as we can see, the Administration’s approach is making things worse.

Establishing a fairer and appropriately more generous interpretation and application of our asylum and related protection laws, investing in addressing  “push” conditions in Central America, establishing robust “in country” refugee programs in the Northern Triangle, cooperation with the UNHCR is seeking “regional solutions” closer to the Northern Triangle, more well-trained Asylum Officers, and more well-trained, fair and impartial U.S. Immigration Judges with a prior background in fair and humane treatment of asylum seekers would, over time, improve the situation. Perhaps in the long run, it would even solve the problems.

PWS

12-31-18

KILLER SYSTEM: ASYLUM OFFICES, IMMIGRATION COURTS FAIL TO PROVIDE BASIC DUE PROCESS, FUNDAMENTAL FAIRNESS, COMMITMENT TO THE GENEROUS HUMANITARIAN INTENT OF ASYLUM LAW — Those Entitled To Asylum Or Other Protections Pay With Lives Or Suffer Further Persecution As A Result Of Poor Performance From Failing System! — When Will This Deadly National Disgrace Now Driven By Outlaw Administration End?

https://www.washingtonpost.com/classic-apps/when-death-awaits-deported-asylum-seekers/2018/12/26/6070085a-a62d-11e8-ad6f-080770dcddc2_story.html

Kevin Sieff & Carolyn Van Houten report for WashPost:

The threats from MS-13 had become incessant. There were handwritten letters, phone calls and text messages that all said the same thing: The gang was preparing to kill Ronald Acevedo.

His family pieced together a plan. They paid a smuggler to take Acevedo to the United States border. It was April 2017, three months after Donald Trump was inaugurated. The family believed that Acevedo could convince anyone, even the new president, that returning to El Salvador meant certain death. The country had the world’s highest murder rate. Acevedo had already been stabbed once.

“They already kill my friends, and they are going to do the same to me,” he said, according to his asylum application.

The plan didn’t work. After eight months in detention, Acevedo, 20, abruptly withdrew his asylum claim, reversing course and telling an immigration judge, “I don’t have any fear” of returning to El Salvador.He was deported to El Salvador on Nov. 29, 2017. He disappeared on Dec. 5, 2017, and his body was later found in the trunk of a car, wrapped in white sheets. An autopsy showed signs of torture.

His family says that he expressed a willingness to return to El Salvador only after immigration officers told him that he had no chance at gaining asylum and could spend many more months in detention.

U.S. Immigration and Customs Enforcement (ICE) did not respond to the family’s allegations that immigration officials dissuaded him from continuing his asylum case but said in a statement that it had a legal obligation to hold him in detention.

“ICE’s detention authority is based in the furtherance of an alien’s immigration proceedings, and if so ordered, their removal from the country,” the agency said.

Acevedo’s relatives spoke on the condition that his full name not be used, out of fear for their safety. (The Post is using only part of his name.) In a series of interviews, they discussed his asylum application and provided letters, Facebook messages and official documents outlining what happened to him. The Post also obtained transcripts of the proceedings and asylum documents through a Freedom of Information Act request.

. . . .

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Read the complete report at the link.

Based on these facts, Acevedo should have had a “slam dunk” claim for a grant of protection under the Convention Against Torture (“CAT”): a probability of torture at gang’s hands with government acquiescence/willful blindness.

He might also have had a grantable withholding of removal claim on the basis of imputed political opinion — opposition to gangs in a country where gangs are a political force, actually the de facto government in many areas.

He also appears to meet the basic requirements for a grant of asylum on the same ground. However, his participation in assisting gangs could be a basis for a discretionary denial of asylum. Depending on further development of the facts, it also might amount to “assistance in persecution of others” which would bar withholding of removal under the Refugee Act but not CAT protection.

Obviously, Acevedo was entitled to a full, fair hearing on this complex and substantial claim. That requires a lawyer and an impartial U.S. Immigration Judge.

Instead, individuals literally pleading for their lives under U.S. and binding international laws face a policy of official coercion, lack of real training, rampant bias and political interference, a “captive court” that lacks the authority and the will to do what’s necessary to get the results correct, widespread contempt for individuals, their lawyers, and human life: That’s “business as usual” at DHS, the Asylum Office, DOJ, EOIR and the Immigration Courts — all glommed together in an unethical and probably unconstitutional morass that elevates (often bogus or wildly exaggerated) enforcement concerns above the law and our obligations to provide fair opportunities to be heard and protect human life. Perhaps worst of all, nobody is held truly accountable for this ungodly mess that is a blot upon our national conscience and an affront to the rule of law.

Congress has been AWOL. The Article III Courts have provided some welcome pushback, but have only scratched the surface of this deeply corrupt and lawless system; they are still disingenuously deferential to an inherently flawed process that merits no deference whatsoever!

PWS

12-28-18

WASHPOST: Mexico Has A Great Idea For Addressing The Humanitarian Crisis In The Northern Triangle – Trump Should Invest!

https://www.washingtonpost.com/opinions/mexico-has-a-plan-to-reduce-the-migrant-flow-from-central-america-trump-should-embrace-it/2018/12/16/eed846de-ffd8-11e8-ad40-cdfd0e0dd65a_story.html

The Post Editorial Board writes:

ON FRIDAY, after a 7-year-old girl died in Border Patrol custody, a White House spokesman called on Congress to “disincentivize” Central American migrants from undertaking the perilous northward trek to the United States. In fact, there is just such a plan in the works, one already presented to President Trump, that has the makings of an effective long-term strategy for reducing the migrant flow, as well as tensions at the border. Mr. Trump would be wise to embrace it.

The plan is the brainchild of Mexican President Andrés Manuel López Obrador, who was sworn into office Dec. 1. He has proposed what amounts to a Marshall Plan for Central America — $30 billion over five years in job-creating economic development assistance. The details remain unknown, but the idea is eminently sensible: Along with insecurity and gang violence, the major driver of migration from Honduras, El Salvador and Guatemala is a massive opportunity deficit.

Mr. López Obrador outlined his vision to Mr. Trump on the phone recently and solicited U.S. participation. No word yet from the White House on the president’s response. However, incensed by the convoys of Central American migrants that made their way to the southern border this fall, he has specifically threatened to close down the border and sever existing aid to Central America, which amounts to hundreds of millions of dollars annually. And his usual instinct on foreign aid is: Why should we?

As it happens, there’s a compelling answer to that question, which the president himself has thrust into a spotlight by pushing to have Central American asylum seekers remain in Mexico while their cases work their way through U.S. courts. If Mr. Trump signs on to Mr. López Obrador’s vision for reviving Central America with an ambitious aid plan — one that would also serve U.S. interest as a means to “disincentivize” migration — that could be just the sweetener Mr. López Obrador needs to go along with Mr. Trump’s asylum plan.

This could be the start of a beautiful friendship, or at least a constructive alliance, between a pair of populist presidents who happen to be ideological opposites but whose goals on Central American migration should be aligned. Like Mr. Trump, Mr. López Obrador has his own reasons to discourage migrants who, in the case of the thousands who have reached Tijuana with the caravans, have become an increasingly unpopular local irritant. And even before the caravans, those who traversed Mexico were a magnet for exploitation and crime at the hands of human traffickers and other predators.

Hundreds of miles of existing barriers at the border haven’t stopped the flow of migrants, and neither will Mr. Trump’s wall, if it is ever built. The most effective long-term way to tackle the migrant problem is to do so at the source, in Central America. Mr. López Obrador is on the right track in grasping that. Mr. Trump would do well to join him, and strike a deal that would advance both leaders’ agendas.

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Attacking the problem at its source seems to be a win-win for everyone, including migrants, most of whom probably would prefer to stay if their native countries if they could live in relative safety, support their families, and see a future for their kids.  Pretty much what all of us want. They could probably get some help and support from the UNHCR, which also strongly favors resolving humanitarian refugee situations near the area they originally arose.

PWS

12-17-18