1/ BREAKING: @TheJusticeDept has just authorized immigration judges to deny #asylum applications without a hearing. Like most Trump-era administrative violence, it has been unnoticed & unreported.
2/ Important context: As head of @TheJusticeDept, the Attorney General has final say over all cases before the administrative #immigration courts. AG may snatch a case away from the Board of Immigration Appeals anytime and decide it himself by directing BIA to refer it to him.
3/ Here is the 2014 BIA holding--upholding precedent from 1989--which the AG was so intent on getting to his own desk. It may not mean much to anyone who had the good sense not to go to law school, but take a shot. (No, really: *take an actual shot* and give it a try.)
4/ In E-F-H-L- (the 2014 case overruled by the AG today), an immigration judge took a cursory look at an asylum seeker's application and denied it on the spot *without even allowing him to testify.* The Board of Immigration Appeals had a problem with this.
Maybe you do too.
5/ Any judge denying any fact-based legal application without testimony is horrifying, but far more so when it's the life-and-death matters routinely raised in asylum proceedings. Just BASIC due process here.
Take the *actual facts of E-F-H-L-*--which, well just read them:
6/ Any experienced #immigration attorney would tell you that these are challenging facts for an asylum case. But any experienced human would recognize that these people have a legitimate fear of persecution, torture, and/or murder which deserves to be heard out.
7/ By vacating E-F-H-L, the Attorney General of the United States just effectively gave the green light to the nation's ~330 immigration judges to begin denying #asylum cases without listening to people who are throwing their actual lives upon the mercy of the courts
8/ This is awful. But it's also *exactly what AG Jeff Sessions told us that he intended to do* in a speech which he gave to a gathering of immigration judges last October. Best to believe people like him when they promise even-previously-unthinkable things like this:
9/ Sessions subsequently outlined his plans for the @TheJusticeDept immigration courts--including a massive, expedited surge in new immigration judges, hired directly by DOJ with no oversight from Congress. Here's my thread on that memo at the time:
External Tweet loading...
If nothing shows, it may have been deleted
by @matt_cam view original on Twitter
10/ As AG, Sessions has power to change the rules, the playing field, *and* the referees which asylum seekers navigate as they fight for their actual lives. Most without attorneys.
This is not conspiracy theory. It's conspiracy fact.
And it's happening right in front of us.
11/ BUT HOLD ON because I almost forgot to tell you where the Trump administration almost certainly got this idea from: An @splcenter-designated hate group with past and current white nationalist ties.
Here's their oddly-specific recent recommendation.
1/ One of the worst parts of the proposed new DHS "public charge" rule would resurrect a 400-yr-old idea, punish lower-income immigrants, AND deliver a massive new giveaway to Wall Street.
Not seeing much out there on this piece right now, so here's what you need to know:
2/ The idea of a "public charge bond" goes back to the earliest colonial days. If someone coming over from Europe didn't seem like they would be able to support themselves, the ship's captain would have to put up a given amount of money to keep them off the dole or take them back
3/ As part of the "Passenger Cases," SCOTUS struck down the city of Boston's attempt to collect public charge bonds from ship captains as unconstitutional in 1849, finding that only the federal government had this kind of power. But it didn't actually exercise it until 1882.
Not, like, step-by-step but generally what are the paths available under current law. If the answer is any variation on "get in line like everybody else," an automatic 6-month bar on any immigration rhetoric/legislation until finishing a mandatory US Immigration 101 course.
If you or your staff are not willing to take the time to understand the system we have, there is no place at the table for you in working toward a new one. None.
1/ Ten years ago this June a recent immigrant was sentenced to life for the vicious, violent, cold-blooded murder of his wife and infant daughter before trying to flee to his home country.
--@bostonherald didn't run an angry editorial blaming our imm. vetting processes
--No one used this tragedy to call for an end to all British immigration
--The media never used a booking photo; always images like this one to remind us of his wealth & whiteness
3/ Neil Entwistle shot his wife in the head, and then his infant daughter in the stomach as she lay sleeping in her mother's arms. He then withdrew every dollar they had and fled to London. Mass state troopers grabbed him on a tube platform.
If you're ever up for listening in on what your local Deep State is up to, may I recommend one of my favorite eateries in #Boston: the cafe in the JFK fed. building. Decent, reasonably-priced food with a nice view and plenty of space to relax while waiting for #immigrationcourt
1/ Two VA managers are having a lunch meeting nearby, talking through how to deliver faster/better services to a 94-year-old veteran & review implementation of a new process.
A USCIS officer is having a quick salad before another round of immigration interviews. In + out in 10
2/ Friends, this is your actual "Deep State."
Career public servants who take pride in keeping their agencies on mission and making the best use of tax dollars doing it, no matter the President or policies. Dedication, commitment, and institutional knowledge. We can't lose them.
Maybe *not* have a rogue, unaccountable, armed secret police force & threat of indefinite detention in a disgusting American gulag archipelago terrorizing immigrant communities in the name of enforcing civil immigration orders
BUT WE HAVE TO HAVE IMMIGRATION ENFORCEMENT
Coordinated internal immigration enforcement is a very new idea in US history. But apart from that: we've only been doing it this way for 15 years. If you are doing anything to make this model inevitable, you're on the wrong side
1/ Live-tweeting from the Boston immigration court's detained docket:
Detainee is on video. I can't see his face but he has a heavy Massachusetts accent--you'd never know he wasn't born here. He is seeking bond.
2/ He has a series of drug-related convictions together with a record consistent with an addiction. Judge leaves his bond at "no bond" without hearing from him.
3/ Like most people on the detained docket, he doesn't have and can't afford a lawyer. (No appointed counsel here.) He is now speaking for himself.