🗽⚖️HUMAN RIGHTS: IMMIGRATION JUDGES SPEAK OUT FOR AFGHAN WOMEN JUDGES — National Association For Women Judges Call To Protect Courageous Afghan Women Featured in WashPost Lead Editorial! 

Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member Round Table of Retired Judges
Honorable Mimi Tsankov
Honorable Mimi Tsankov
U.S. Immigration Judge
President, National Association of Immigration Judges (“NAIJ”)

From WashPost:

https://www.washingtonpost.com/opinions/2021/08/18/no-deadline-should-stand-way-evacuating-us-citizens-afghan-partners/

. . . .

In an interview with ABC News, Mr. Biden himself for the first time hinted at flexibility on the deadline, “if there are American citizens left.” That won’t be enough: This country’s moral responsibilities begin, but do not end, with U.S. citizens. On Tuesday, Sen. Ben Cardin (D-Md.) received and forwarded to Secretary of State Antony Blinken an appeal from the National Association of Women Judges on behalf of 250 Afghan women judges, trained by Americans and other Western countries, some of whom sentenced Taliban fighters to prison for murder or other crimes. These criminals have just been released by the Taliban. The judges have thus joined the ranks of the fearful. This country must make time for all of them.

Here’s the NAWJ’s full statement:

https://www.nawj.org/blog/newsroom/news/nawj-statement-on-afghanistan

NAWJ Statement on Afghanistan

Written by National Association of Women Judges|August 15, 2021|News

NAWJ is the U.S. Chapter of the International Association of Women Judges, an organization which NAWJ founded, developed and helped grow. NAWJ joins the IAWJ in expressing our grave fears for the basic human rights of women and girls in Afghanistan as the Taliban advance and take control of large parts of the country. In particular, the women judges have disclosed that because they have followed their country’s laws, conducted trials, and administered sentences to the guilty, many of whom are members of the Taliban, they will soon be targeted for assassination. The AWJA judges have served in criminal, anti-corruption and narcotics courts, developed in conjunction with the United States over many years. Through their efforts, they have implemented rule of law and anti-corruption principles which are central to the mission statements of NAWJ and IAWJ.

At a virtual meeting of the AWJA last month, at which a number of NAWJ members were present, the Afghan judges spoke about the dangerous and difficult conditions in which they live and work. Some judges have lost their lives in terrorist attacks and several of the judges present had received death threats. Some have already been forced to flee their posts in the provinces with their families because it was too dangerous to remain. Their fears are not theoretical. In January, two women judges traveling to their jobs at the Supreme Court of Afghanistan, were murdered in the street. Now, the prisons housing convicted terrorists have been opened, and sentenced prisoners are contacting their judges threatening reprisals and revenge.

As a chapter of the IAWJ, an organization comprised of over 6500 women judges from more than 100 countries and territories worldwide, NAWJ wants to draw particular attention to the situation of Afghan women judges, given the special role they have played in upholding the rule of law and human rights for all, and the particular dangers they face as a result. We honor their commitment and their courage. Today, some 250 women serve as judges there.

Today, it is reported that the Afghan government has collapsed. The President of Afghanistan has fled the country. The United States Department of State is currently prioritizing visas for employees of the United States, including interpreters, as the United States reaches its date for final withdrawal from Afghanistan. NAWJ urges the Department of State to include the Afghan women judges and their families, who are in such a desperate and precarious position, in facilitating travel and processing visas in the same manner that special measures are being extended to interpreters, journalists and other personnel who provided essential service to the foreign military forces in Afghanistan.   NAWJ urges our government to consider the fate of the women judges. By serving as judges and helping develop the Afghan judicial branch, women judges have helped establish the rule of law in their country, an essential pillar of a democratic state. Allowing them to be at the mercy of the Taliban and insurgent groups, given what they have sacrificed and contributed working side by side with the United States would be tragic indeed.

Hon. Karen Donohue

President, NAWJ

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

Thanks to my friends and long-time colleagues Judge Churchill and Judge Tsankov for standing up and speaking out. I understand from them that Senior DC Court of Appeals Judge Vanessa Ruiz (also a past President of the NAWJ) was also instrumental in this effort.

Hon. Vanessa Ruiz
Honorable Vanessa Ruiz
Senior Judge, DC Court of Appeals
PHOTO: Wikipedia

Also, many thanks to Senator Ben Cardin (D-MD) for sending this to Secretary of State Anthony Blinken who hasn’t exactly covered  himself in glory or shown much moral or intellectual courage in standing up for the rights and lives of refugees and energizing the bureaucracy to save lives.

Compare this with the conspicuous lack of moral, intellectual, and legal leadership and effective action from the Biden USDOJ on refugee and asylum issues. 

Sadly, as many of us tried, in vain, to tell the incoming Biden Administration, failure to make immediate, bold, progressive, humanitarian, due process reforms at EOIR and to take a strong, courageous stand against the continuing misuse of bogus legal rationales to suspend refugee and asylum processing (and ignore our legal and moral obligations to refugees and other migrants) at the border will likely cripple the US response to arising human rights catastrophes and cost more innocent human lives.

Human rights and immigrant justice are not “back burner” issues! Nor are they “rocket science!” Delay costs lives and undermines democracy and our international leadership.

🇺🇸⚖️🗽Due Process Forever! Lack of expertise and moral courage has consequences!

PWS

08-19-21