🗽🤯 ASYLUM SEEKERS & OTHER REFUGEES ARE FORCED MIGRANTS WHO MAKE OUTSIZED CONTRIBUTIONS TO AMERCA ONCE ALLOWED TO WORK — They Can’t Understand Why Biden & Dems Are Abandoning Them By Giving In To GOP White Nationalists — Human Lives Shouldn’t Be Bargaining Chips! — Biden Vows To “Shut Down The Border,” But MAGAMike Says It’s “Not Enough” Cruelty,🏴‍☠️ As “Bipartisan Race To The Bottom” 🤮 Heats Up & Media Suffers Amnesia! 🤕

Border Death
Human lives and human dignity at our border have become mere “bargaining chips” and “collateral damage” to cowardly negotiators of both parties. Will history hold them accountable for their outrageous and immoral conduct? This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
n order to comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

https://www.nytimes.com/2024/01/23/us/politics/parole-immigration-biden-congress.html?smid=nytcore-ios-share&referringSource=articleShare

Zolan Kanno-Youngs reports for the NYT:

Artem Marchuk needed to escape Ukraine or die. He didn’t see any other options.

He and his wife and children had been living in Bakhmut, the site of the war’s deadliest battle. Even when they made it out of the city, nothing in Ukraine felt safe.

“My kids were very hungry,” Artem’s wife, Yana, said in an interview from the family’s home in Baltimore, where the U.S. government resettled them in 2022. “There was darkness everywhere.”

The Marchuks are among more than a million people whom the Biden administration has allowed into the United States over the past three years under an authority called humanitarian parole, which allows people without visas to live and work in the United States temporarily. Parole has been extended to Ukrainians, Afghans and thousands of people south of the U.S.-Mexico border fleeing poverty and war.

Now the program is at the heart of a battle in Congress over legislation that would unlock billions of dollars in military aid for some of President Biden’s top foreign policy priorities, such as Ukraine and Israel.

Republicans want to see a severe crackdown on immigration in exchange for their votes to approve the military aid — and restricting the number of people granted parole is one of their demands.

For Mr. Marchuk, the fact that a program that saved his family has become a bargaining chip on Capitol Hill feels wrong. Although the latest version of the deal would mostly spare Ukrainians seeking parole, he feels a deep sense of solidarity with other people — regardless of their nationality — who may be left behind if Congress imposes limits on the program.

Americans, he said, should welcome people like his family. Mr. Marchuk, a former technology in Ukraine, said he has found work helping other refugees with the advocacy organization Global Refuge, as well as driving for DoorDash, UPS and Amazon since he arrived in Baltimore.

“Refugees deliver these packages,” said Mr. Marchuk, 36. “American citizens who have an education,” he said, very often don’t want to work as drivers.

. . . .

The particulars of the deal in Congress are still being negotiated. A deal that is being discussed in the Senate seeks to reduce parole numbers by tightening immigration enforcement at the southern border.

That would not have a direct impact on the route that many Ukrainians took to America, since they generally do not arrive by the southern border. (Some Ukrainians do make it to the United States that way, however.)

But there is still deep uncertainty about whether the program will survive without changes.

Even some congressional Democrats who oppose substantially changing the parole program have acknowledged they may need to give in to some Republican demands to limit the program if they have any chance of passing the military aid package.

. . . .

As lawmakers debate the merits of the parole program, some immigrants in the United States say all the political talk glosses over the calamities in their home countries.

“People are dying left and right, being kidnapped and it’s just impossible,” said Valerie Laveus, who came to America from Haiti nearly 20 years ago and became a naturalized U.S. citizen in 2008. “I am concerned because I feel like a lot of times these people are having these conversations and they’re forgetting the human factor. They’re forgetting that they’re talking about lives.”

. . . .

Mr. Biden’s allies say restricting use of parole would very likely backfire.

“It means that people in desperate circumstances, who need protection, who need to leave, who need to flee, their options will be more limited, which increases the likelihood they choose the dangerous option of coming to the border,” said Cecilia Muñoz, one of Mr. Biden’s top immigration officials during the transition and co-chair of Welcome.US, an organization that helps Americans sponsor the resettlement of refugees to the United States.

Karoun Demirjian contributed reporting.

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

Notably, according to this article, Congress appears ready to carve out a “White Guy Exception” for Ukrainians arriving from Europe. So much for the idea that current immigration policy by both parties isn’t “race driven” — with Hispanics and Blacks generally on the short end of the stick. 

Remarkably none of the politicos “negotiating” away the lives of others have the guts to bear witness to the human pain, misery, torture, and death they are about to inflict on those seeking refuge at our Southern Border. The GOP recently did a disgusting “dog and pony” show at the border, but refused to meet, despite requests, with their intended human victims, those assisting them, and local humanitarian religious groups and NGOs. See https://immigrationcourtside.com/2024/01/11/%e2%9a%96%ef%b8%8f-expert-to-congress-fix-your-border-mess-stop-picking-on-asylum-applicants-ruth-ellen-wasem-the-messenger-do-they-really-think-that-raising-the-bar-will-dete/.

By contrast, high level politicos of the Biden Administration and Congressional Dems avoid the border like the plague, except for the few who represent border districts. They are not that much different from GOP nativists. They refuse to engage with border experts, those who have devoted their lives to assisting forced migrants at the border, and the migrants themselves, who certainly will face severe harm, even death, due to the cowardly “sellout” by Congressional Dems and the Administration.

Let’s be very clear about the documented consequences of eliminating asylum at the border:

NEW YORK – With Congress considering codifying additional policies that will trap asylum seekers in Mexico, Human Rights First today reports that it has tracked over 1,300 reports of torture, kidnapping, rape, extortion, and other violent attacks on asylum seekers and migrants stranded in Mexico since the administration’s asylum ban was enacted in May.  

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwifws7dj_yDAxUSEVkFHUZmC50QFnoECA0QAw&url=https%3A%2F%2Fhumanrightsfirst.org%2Flibrary%2Fhuman-rights-first-details-violence-against-asylum-seekers-at-u-s-border%2F%23%3A~%3Atext%3DNEW%2520YORK%2520%25E2%2580%2593%2520With%2520Congress%2520considering%2Cstranded%2520in%2520Mexico%2520since%2520the&usg=AOvVaw0Q1cbvPBwyaGST5Aww5e_z&opi=89978449

Basically, those pushing to appease the GOP White Nationalist restrictionists at the border are knowingly and intentionally advocating for deadly human rights violations! How is that acceptable?

Foreign-born workers consistently have a higher labor market participation rate than native-born workers. https://usafacts.org/articles/how-many-immigrants-are-in-the-american-workforce/. Consequently, there is little reason to doubt that new waves of migration ultimately will benefit the U.S., particularly the many U.S. cities, large and small, in danger of depopulation and “death.” Ironically, many of the localities with the most to gain from robust migration are in “red” states. https://apple.news/AQkO0JQjKS9aXF-V-RD9-_Q

Instead of planning to avoid these “ghost towns,” using the influx of individuals who seek to help us as an opportunity, we’re “strategizing” and spending huge amounts of money expelling, “deterring,” imprisoning, rejecting, dehumanizing, and even killing those who seek refuge!

There are legitimate issues as to how to “front” services for asylum seekers until they can obtain work authorization and find jobs. THIS, is where bipartisan cooperation, creative solutions, and resources could be focused, rather than exclusively on counterproductive and expensive gimmicks to punish, deter, and deny. But, there’s no chance of that!

Instead, in an example of how far the one-sided debate has departed from reality and human decency, Biden now vows to “shut the border” if Congress will only give him the authority! https://www.washingtonpost.com/politics/2024/01/26/biden-vows-shut-down-an-overwhelmed-border-if-senate-deal-passes/. But, that’s apparently not enough cruelty and xenophobia for MAGAMike and his White Nationalist insurrectionists! They seek eradication of the lives and humanity of anybody with the temerity to seek refuge in the U.S. 

Lost in this latest burst of bipartisan xenophobia are the “Dreamers” who are part of our nation’s future. https://www.washingtonpost.com/opinions/2024/01/26/congress-border-deal-daca-immigration-dreamers/. Although already contributing mightily to our nation’s success, they too are victims of the political cowardice and dehumanization that is now par for the course on both sides of the aisle.

And so it goes, ever onward and downward. The media has developed amnesia on the well-documented unmitigated disaster and cascade of human suffering that our nation’s most recent border shutdown generated. As stated by expert Aaron Reichlin-Melnick on “X:”

Will the DC press (not those on the immigration beat) continue to ignore the fact that the last time we “shut down the border” under Title 42, it did not work and in fact led to 15 out of 20 of the highest months for border apprehensions in the 21st century?

We don’t know yet who the “winners” of the 2024 election will be, other than traffickers, cartels, exploiters, private prison corporations, undertakers, and body bag makers! But, we already know the “losers:” asylum seekers, Dreamers, human rights, persons of color, and those brave souls who continue to stand up for truth and equal justice for all!

Dem politicos and the Administration seem to be counting on the view that the Trump GOP is so horrible and antithetic to democracy that Dems can afford to dehumanize migrants, ignore their supporters, and break campaign promises without consequences. Just what they are getting in return isn’t obvious. From an immigrants rights’ and humanitarian standpoint, it’s “zilch.”

With Dems supposedly in charge of the Presidency and the the Senate, why are they ready to gift GOP restrictionists with what many have characterized as a “generational chance” to destroy asylum, hamstring legal immigration avenues, and squander even more money on hyper-cruel, race-driven, “sure to fail” border militarization and human rights violations?

Talk about “selling your soul!” That appears to have become the Democrats’ mantra in 2024. Whether it will prove a successful political strategy, remains to be seen!

🇺🇸 Due Process Forever!

PWS

01-26-24

⚖️🧑‍⚖️ IMMIGRATION COURTS IN CRISIS = DENIAL OF DUE PROCESS FOR INDIVIDUALS  — NY Times Article Quoting Round Table’s Judge Eiza Klein & Charles Honeyman, Also NDPA Officials, Judge Mimi Tsankov and Judge Samuel Cole! — PLUS BONUS COVERAGE: My Latest “Mini Essay” — “EOIR ABUSES ASYLUM SEEKERS”

Hon. Eliza Klein
Eliza C. Klein, a retired immigration judge, said the asylum case backlog “creates a second class of citizens.”Credit…Taylor Glascock for The New York Times

https://www.nytimes.com/2023/05/12/us/politics/immigration-courts-delays-migrants-title-42.html?smid=nytcore-ios-share&referringSource=articleShare

Zolan Kanno-Youngs reports for the NYT:

. . . .

Eliza C. Klein, who left her position as an immigration judge in Chicago in April, said the latest increase in illegal border crossings will strain the understaffed work force as they prioritize migrants who crossed recently.

That will leave some older cases to languish even longer, she said.

“This is a great tragedy because it creates a second class of citizens,” Ms. Klein, who started working as an immigration judge in the Clinton administration, said of those immigrants who have been waiting years for an answer to their case. The oldest case Ms. Klein ever adjudicated had been pending in the court for 35 years, she said.

“It’s a disgrace,” Ms. Klein said. “My perspective, my thought, is that we’re not committed in this country to having a just system.”

While crowds of migrants continued to seek refuge in the United States after the lifting of Title 42, U.S. officials said the border remained relatively orderly. About 10,000 people crossed the border on Thursday, a historically large number, but that dropped significantly to about 6,200 on Friday.

Tens of thousands of migrants continued to wait in makeshift camps on both sides of the border for a chance to request sanctuary in the United States. The administration remained concerned about overcrowding; Border Patrol held more than 24,000 migrants in custody on Friday, well over the agency’s maximum capacity of roughly 20,000 in its detention facilities.

. . . .

Mimi Tsankov, the president of the National Association of Immigration Judges, said that to truly address the backlog, the Biden administration would need to do more than simply hire more judges. She said that the government should increase funding for better technology and bigger legal teams, and that Congress should reform the nation’s immigration laws.

“The immigration courts are failing,” said Samuel B. Cole, the judge association’s executive vice president. “There needs to be broad systemic change.”

. . . . .

Judge Charles Honeyman, who spent 24 years as an immigration judge and retired in 2020, said he came away from his job believing the United States would need to do a better job of deterring fraud while protecting those who would be harmed in their home country.

When handling an asylum case, Mr. Honeyman said he would assess the person’s application and examine the state of their home country by reading reports from the State Department and nonprofits. Many of the applicants lacked attorneys; he believes some cases that he denied might have turned out differently if the migrants had had legal representation.

In trying to root out fraud, he would compare a person’s testimony with the answers they had given to an asylum officer or Border Patrol agent.

. . . .

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

Read the full article at the link.

 

EOIR ABUSES ASYLUM SEEKERS — The Problem Goes Deeper Than The Number Of Judges: Quality & Culture Matter!

By Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

Courtside Exclusive

May 16, 2023

While the NYT article notes that the majority of asylum cases are eventually denied on the merits, this data is often presented in a misleading way by the Government, and unfortunately, sometimes the media. According to TRAC Immigration, during the period Oct 2000 to April 2023, approximately 43% of asylum seekers who received a merits decision were granted asylum or some other type of relief. Approximately 57% were denied. https://trac.syr.edu/phptools/immigration/asylum/

Even in an overall hostile system, where individuals are often required to proceed without lawyers, and grant/denial rates among Immigration Judges vary by astounding levels (so great as to present prima facie due process issues), asylum seekers succeed on the merits of their claims at a very respectable rate. In a properly staffed and administered system where the focus was on due process and fundamental fairness for individuals, that number would almost certainly be substantially higher. 

Moreover, the data suggests that toward the end of the Obama Administration and during the entire Trump Administration, the asylum system was improperly manipulated to increase denials. 

For instance, in FY 2012, approximately 55% of asylum claims decided by EOIR on the merits were granted. https://trac.syr.edu/immigration/reports/306/. While there was no discernible worldwide improvement in human rights conditions in the following years, IJ asylum grant rates cratered during the Trump years, reaching a low of 29% in FY 2020, barely half the FY 2012 level. https://trac.syr.edu/immigration/reports/668/#:~:text=While%20asylum%20grant%20rates%20declined,after%20President%20Biden%20assumed%20office.%20That%E2%80%99s%20a%20decline%20of%20nearly%2050%%20since%20the%20FY%202012%20high.

I think there are three reasons for the precipitous decline in asylum grant rates, largely unrelated to the merits of the claims. First, Attorneys General Jeff Sessions and Bill Barr overruled some of the leading administrative precedents supporting grants of asylum. In the process, they made it crystal clear that they considered Immigration Judges to be their subordinate employees within the political branch of Government and that denial, deportation, and assistance to their “partners” at DHS Enforcement (actually DHS is a party before EOIR, not a “partner”) were the preferred results at EOIR.

Second, in greatly expanding the number of Immigration Judges, Sessions and Barr appointed almost exclusively from the ranks of prosecutors and government attorneys, even elevating an inordinate number of individuals with no immigration and human rights experience whatsoever. Not only were well-qualified individuals with experience representing individuals in Immigration Court largely passed over and discouraged from applying, but some of the best Immigration Judges quit or retired prematurely as a matter of conscience because of the nakedly anti-immigrant pro enforcement “culture” promoted at EOIR. 

Additionally, the nationwide appellate court and precedent setter, the BIA, was expanded and “packed” with some Immigration Judges who denied virtually all of the asylum cases coming before them and had reputations of hostility to the private bar and asylum seekers. Remarkably, Attorney General Garland has done little to address this debilitating situation at the BIA.

Third, since the latter years of the Obama Administration, when a vastly overhyped “border surge” took place, political officials of both parties have improperly “weaponized” EOIR as a “deterrent” to asylum seekers, focusing on expeditious denials of asylum rather than the due process and expert tribunal functions the agency was supposed to serve. The result has been a “culture of denial and deportation” with particular emphasis on finding ways to “say no” to women and individuals of color seeking asylum.

The NYT Article also mentions that asylum merits decisions require a higher standard of proof than “credible fear determinations.” That’s true. But the suggestion that the standards are much higher is misleading. In fact, the standards governing merits grants of asylum before the Asylum Office and EOIR are supposed to be extremely generous. 

In the seminal case, INS v. Cardoza-Fonseca, the Court said that “well-founded fear” is a generous standard, one that could be satisfied by a 10% chance of persecution. In implementing this holding, the BIA found in Matter of Mogharrabi that asylum could be granted even where the chances of persecution were substantially less than probable.

There is as also a regulation, 8 C.F.R. 208.13, issued under the Bush I Administration, that creates a rebuttable presumption of future persecution based on past persecution.

The problem is that none of these generous and remedial provisions relating to asylum has ever been properly, consistently, and uniformly applied within EOIR. As someone who during my time on the bench took these standards to heart, I found that a substantial majority of merits asylum cases coming before me could and should be granted under a proper application of asylum law.

Consequently, I am skeptical of judges who deny virtually all asylum claims. Likewise, I question the claims by political officials of both parties who pretend, without actual knowledge, that almost all asylum applicants at the border are “mere economic migrants” who deserve to be quickly and summarily removed. 

Actually, under some circumstances, severe economic hardships can amount to persecution. Moreover, under the legally required “mixed motive” analysis for asylum, an economic aspect does not automatically obviate other qualifying grounds.

So, at its root, “credible fear” is actually an even more generous application of what is already supposed to be (but often isn’t in reality) a very generous standard for asylum. The alleged “disconnect” between the number of individuals found to have credible fear and the number actually granted asylum on the merits appears to be more a function of defective and overly restrictive decision-making at EOIR than it is of unjustified generosity of Asylum Officers screening for credible fear. It’s also important to remember that at the credible fear stage, individuals haven’t had time to marshal the substantial corroborating evidence eventually required (some would say unrealistically and unreasonably) in formal merits asylum hearings before EOIR.  

Finally, just aimlessly increasing the number of Immigration Judges, without solving the systemic legal, logistical, management, quality control, training, and “cultural” problems infecting EOIR creates its own set of new problems. 

Recently, a veteran practitioner before EOIR wrote the following:

In about eleven years, our local DMV went from twelve (12) judges in Baltimore and Arlington in 2012 to a hundred (100) judges in 2023 (8 BAL, 18 HYA, 30 WAS, 9 FCIAC, 14 RIAC, 21 STE). That’s an increase of 733.33%. This seismic expansion has resulted in many attorneys being overscheduled for individual hearings, which has an adverse effect on our clients, our ethical obligations, due process, and mental health.

Well-prepared attorneys, many serving pro bono or “low bono,” are absolutely essential to due process and fundamental fairness in Immigration Court, particularly in cases involving asylum and other forms of protection. For EOIR to schedule cases in a manner that does not take into consideration the legitimate needs and capacities of those practicing before their courts is nothing short of malpractice on the part of DOJ leadership.

There is a silver lining here. The EOIR judicial hiring program gives NDPA stars a chance to get on the bench at the retail level level, bring much needed balance and perspective, and to develop the credentials for future Article III judicial appointments. Since change isn’t coming “from the top,” we need to make it happen at the “grass roots level!” Keep those applications coming!

🇺🇸Due Process Forever!

PWS

05-16-23

        

 

🤯PROGRAMMED TO FAIL:  LACK OF LEADERSHIP, EXPERTISE, COURAGE, COMMITMENT TO RULE OF LAW, RACIAL AWARENESS, & AN ATTORNEY GENERAL “ON VACATION” PLAGUES BIDEN’S BUNGLED BORDER POLICY! — Is Appeasing GOP White Nationalists With Racist Policies While Scorning The Rule of Law & Dissing Progressive Supporters REALLY A Great “Strategy” For Biden & Harris?  🤮 — NY Times Reports

https://www.nytimes.com/2022/04/09/us/politics/biden-border-immigration.html?referringSource=articleShare

By Zolan Kanno-YoungsMichael D. Shear and Eileen Sullivan

WASHINGTON — President Biden was livid.

He had been in office only two months and there was already a crisis at the southwest border. Thousands of migrant children were jammed into unsanitary Border Patrol stations. Republicans were accusing Mr. Biden of flinging open the borders. And his aides were blaming one another.

Facing his bickering staff in the Oval Office that day in late March 2021, Mr. Biden grew so angry at their attempts to duck responsibility that he erupted.

Who do I need to fire, he demanded, to fix this?

Mr. Biden came into office promising to dismantle what he described as the inhumane immigration policies of President Donald J. Trump. But the episode, recounted by several people who attended or were briefed on the meeting, helps explain why that effort remains incomplete: For much of Mr. Biden’s presidency so far, the White House has been divided by furious debates over how — and whether — to proceed in the face of a surge of migrants crossing the southwest border.

. . . .

****************^

Read the complete article at the link.

Not rocket 🚀 science:

  • Note to Susan Rice & Ron Klain: There will be no racial justice in America without immigrant justice.
  • Asylum is the law, NOT a “policy option” or a “strategy.”
  • The Attorney General has an obligation to insist that the law be followed or to resign.
  • How on earth could anyone think that the border can be fixed without addressing the extreme dysfunction and Trump White Nationalist bias in the Immigration Courts?
  • How do you run on a promise to restore asylum at the border without having a plan in hand to do that on Inauguration Day?
  • Ports of entry “reopened” remarkably quickly for White asylum seekers from Ukraine, using cooperation among the DHS, Mexico, and volunteer groups. So, it’s very “doable.” What’s lacking here appears to be the will and the motivation to treat asylum seekers of color fairly and humanely.
  • Is the Civil Rights Division of the DOJ on permanent LOA? What does Kristen Clarke, AAG for Civil Rights, do to earn her paycheck? Whatever happened to Associate AG Vanita Gupta, a former civil rights and racial justice maven, who has turned her back on America’s most glaring and serious racial justice problems, at the border and in her Department’s dysfunctional “courts,” and disappeared into the bowls of Garland’s bureaucracy, never to be heard from again?
  • So, following the law and treating persons of color fairly and humanely at our borders will create “chaos” (it should do nothing of the sort, with competent leadership and personnel) and might be “bad politics” for “moderate Dems.” Gimmie a break! 
  • Why not just consider all asylum applicants to be “constructively White persons” and proceed accordingly?
  • Why is appeasing GOP White Nationalist nativists, who wouldn’t support Biden no matter what he does at the border, more important to the Administration than keeping promises to supporters who actually worked to put Biden, Harris, and, derivatively, folks like Rice, Klain, Mayorkas, and Garland in office?
  • Repubs do remember who their key supporters are, and act accordingly, even when those actions are illegal, immoral, counterproductive, and often unpopular. Dems, by contrast, are afraid to follow the law and do the right thing to make good on promises to their supporters!
  • America actually needs more legal immigrants. Many of them are waiting at the border for justice long delayed. Perhaps, an Administration who can’t see that and turn it into a “win-win” doesn’t deserve to be in office. 

🇺🇸Due Process Forever!

PWS

04-10-22