DACA, immigration reform whatever

[Mrs Whiggins 13049]

Stephen is still on his white-robed honeymoon:

 

[tx 3 putt 75570]

pure evil 

[Captainant 26927]

Next up on: no shit, sherlock:

FOIA Documents Show Trump Administration Stacked The Immigration Courts With Political Hires

Quote

Remember when immigration judges were supposed to be neutral arbitrators, pursuing justice through careful fact-based inquiries? Me neither, but even lip service has been suspended at the Executive Office for Immigration Review, the subagency within DOJ that runs the immigration courts. Documents recently released under the Freedom of Information Act request show that the Trump administration deliberately politicized the hiring process for immigration judges.

Some background is in order. There is a Board of Immigration Appeals, which hears appeals from the front-line immigration courts. The BIA sets precedent (when AGs don’t overrule it for expressly political purposes) based on those appeals, just like the Article III system. So it matters who’s on the BIA.

DOJ clearly thinks so too because, back in 2018, it created four new seats on the BIA, then filled those, plus two actual vacancies, with six judges who had asylum denial rates of 81% or higher, according to Tal Kopan at the San Francisco Chronicle. Two of those judges had been sued for apparent attempts to intimidate immigrants; one of those had multiple sustained ethics complaints against him. But apparently that wasn’t enough to ensure that immigrants would always lose, so DOJ created three more seats at the end of March (effective the next day!) and hired three more judges who were sworn in May 1. Two of the three were sitting immigration judges, with asylum denial rates of 96.3% and 88.1%. The average, by the way, is 57.6%.

All of this was done under new hiring rules that EOIR did not make entirely public. The American Immigration Council and the American Immigration Lawyers Association filed a FOIA request. The results of the inevitable lawsuit came in earlier this month, and they show exactly what you’d expect: EOIR has changed the hiring rules to give political appointees more power over the hiring process, taking that power away from apolitical career civil servants. It has also dramatically shortened the timeline for hiring, including by permitting candidates to advance before vetting is completed.

A spokeswoman for EOIR told Roll Call that the agency’s hiring process is “merit-based.” Tellingly, however, she expressly asked Roll Call not to put her name on that nonsense.

If any of this sounds familiar, it might be because politicized personnel decisions at DOJ — particularly, but not exclusively, the dismissal of insufficiently conservative U.S. Attorneys — led or contributed to the resignation of former AG Alberto Gonzales. (This could also be called “the Monica Goodling scandal,” although I hesitate to put it that way because a brief search through ATL’s archives shows that David Lat was a bit obsessed at the time.) In fact, the new EOIR hiring process replaces one instituted after the U.S. Attorneys incident, expressly to reduce the influence of politics. Because, back in the halcyon days of 2007, politicizing DOJ was a scandal that both parties objected to.

But in 2020, that’s an almost weekly occurrence. Michael Flynn’s case probably rose above your constant outrage fatigue, but the systemic, far-reaching politicization of the immigration courts isn’t likely to make the cut. That’s too bad because this is almost certainly going to result in wrongfully deporting people to their deaths.

 

[Horn Under a Bad Sign 20304]

Rice University Study:  illegal immigrants are net contributors to the Texas economy.

 

https://www.houstonchronicle.com/news/columnists/grieder/article/Grieder-In-Texas-unauthorized-immigrants-are-15290169.php

[mdmost 42501]

Eat a bag of dicks, Trump

 

[Jive Turkey 12435]

 

[Brisketexan 103657]

3 minutes ago, mdmost said:

Eat a bag of dicks, Trump

 

Dude.....fucking "arbitrary and capricious" is the goddamned regime motto.  Layer in "pointlessly cruel and vindictive," and you have the full inscription on the buttplug Miller slips in before every masturbation session.

[NotActuallyALonghorn 4962]

Great news. What did the vote look like?

[TheStoicPaisano 9849]

2 minutes ago, NotActuallyALonghorn said:

Great news. What did the vote look like?

Roberts was joined in his opinion by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. Justice Sonia Sotomayor joined the majority in all but one part, and filed an opinion as well.

Justice Clarence Thomas also filed an opinion, concurring and dissenting in part, joined by Justices Samuel Alito and Neil Gorsuch. Additionally, Justice Brett Kavanaugh filed an opinion concurring and dissenting in part.

[tx 3 putt 75570]

Huge hit for Stephen Miller.

trump doesn’t give a fuck about this issue 

[BehoId, The Underminer! 11571]

this is the sort of thing i foresaw when trump was elected.  i didn't really think the racism would be this bad, and the corruption would be this bad.  but it was really obvious to me we were putting in place an administration that just had no idea what it was doing.  basically an 8th grade understanding of government.  they would never be able to enact half the stuff they wanted because they had no idea how to do the little things right -- how to cross t's and dot lower case j's.  with that set up, bumping against stuff like the APA would happen all the time.

[Vito Andolini 9052]

Quote

Additionally, Justice Brett Kavanaugh filed an opinion concurring and dissenting in part.

Check out the big brain on Brett!

 

['stache 21591]

Really confusing, but it is essentially 5-4. The conservatives only joined a party that said the decision was not motivated by racial animus and did not violate the equal protection clause.  Sotomayor is the only one who thought it was (which it obviously was but is difficult for judges to say so).

[Brisketexan 103657]

Just now, BehoId, The Underminer! said:

this is the sort of thing i foresaw when trump was elected.  i didn't really think the racism would be this bad, and the corruption would be this bad.  but it was really obvious to me we were putting in place an administration that just had no idea what it was doing.  basically an 8th grade understanding of government.  they would never be able to enact half the stuff they wanted because they had no idea how to do the little things right -- how to cross t's and dot lower case j's.  with that set up, bumping against stuff like the APA would happen all the time.

Definitely this.  They are the functional equivalent of the dipshit who ran for 4th grade class president on a platform of "all classes will become recess, and the cafeteria will serve free cake and ice cream every day, and the students can punish the teachers but the teachers can't punish the students!"......and then actually tries to implement that idiocy with crayon-written "decree" after winning the election.  No, fucksticks, that's not how any of this works.

[Nice Guy Eddie 13318]

Just now, Brisketexan said:

Definitely this.  They are the functional equivalent of the dipshit who ran for 4th grade class president on a platform of "all classes will become recess, and the cafeteria will serve free cake and ice cream every day, and the students can punish the teachers but the teachers can't punish the students!"......and then actually tries to implement that idiocy with crayon-written "decree" after winning the election.  No, fucksticks, that's not how any of this works.

This is what happens when policies start out on Hannity as rants and then work their way backwards to create legal justification.  I don't feel sorry for them but it must be a horrible job to be on WH counsel at this point. Trumps sends down commands and they have to figure out how they can make it work within some interpretation of the law. 

[Pig Bellmont 8637]

 

[BehoId, The Underminer! 11571]

also, a consistent theme in recent opinions -- the census/citizenship question one, the habeas one from just the other day where the texan was sentenced to death, and this one -- is in each there is some facial explanation for conduct. the 4 right wingers each time say that is enough, Roberts and the other four say 'yeah, but it's obviously a lie.'

[BehoId, The Underminer! 11571]

for shame, kavanaugh, citing a case without proper bluebook form:  Alpharma, Inc. v. Leavitt, 460 F. 3d 1, 6 (2006) (Garland, J.)

['stache 21591]

43 minutes ago, BehoId, The Underminer! said:

also, a consistent theme in recent opinions -- the census/citizenship question one, the habeas one from just the other day where the texan was sentenced to death, and this one -- is in each there is some facial explanation for conduct. the 4 right wingers each time say that is enough, Roberts and the other four say 'yeah, but it's obviously a lie.'

He didn't do that here. In fact, he suggests what the administration might have said to support its decision, but chides them for not doing so. If trump wins reelection, they will just follow Roberts' roadmap, and they'll win. Elections have consequences.

[4th&Five 41245]

 

[BehoId, The Underminer! 11571]

5 minutes ago, 'stache said:

He didn't do that here. In fact, he suggests what the administration might have said to support its decision, but chides them for not doing so. If trump wins reelection, they will just follow Roberts' roadmap, and they'll win. Elections have consequences.

there's a lot of talk of post hoc rationalizations offered by the trump administration, which prompts Roberts to write: Considering only contemporaneous explanations for agency action also instills confidence that the reasons given are not simply “convenient litigating position.” That sounds a lot like "you're just saying this for purposes of litigation, not because it is true." 

[WBT 20280]

Someone explain the APA to me.  What are the requirements for reversing a previous administration's executive order?  I thought that was done pretty routinely (which is one reason why I think executive power should be curbed and the legislature should pass laws but that's another topic).

['stache 21591]

13 minutes ago, WBT said:

Someone explain the APA to me.  What are the requirements for reversing a previous administration's executive order?  I thought that was done pretty routinely (which is one reason why I think executive power should be curbed and the legislature should pass laws but that's another topic).

It's pretty easy in most circumstances, but the new administration must consider whether there is significant reliance on the prior policy such that changing it would cause significant harm. That is one of the many things the administration here failed to do. Roberts literally tells them that there are significant reliance interests here but that they could have simply said they are outweighed because "da laws da law byatch" but they didn't give it any explanation. I guarantee there is some intern in Washington right now writing a revocation memo that follows Roberts' playbook.

[Jive Turkey 12435]

Obama taking a dump on Trump. 

 

[kevwun 15341]

He's also doing a virtual fundraiser with Biden soon.

[elfenix 34129]

These last few days have taken any wind out of the sails of court packing.

[Biff Tannen 45228]

2 hours ago, BehoId, The Underminer! said:

how to cross t's and dot lower case j's

repped purely for this

[Pig Bellmont 8637]

Came for the striking down of cruel policy, stayed for the Kavanaugh bench slap

[BehoId, The Underminer! 11571]

 

[Doc Sam Beckett 5727]

Lulz what a bizarro world 

[4th&Five 41245]

 

Edited June 18, 2020 by 4th&Five

['stache 21591]

13 minutes ago, BehoId, The Underminer! said:

 

That bill is on turtles desk, already passed by the house. Why don't you take it up with him fuckhead.

[StassneyHorn 6446]

1 hour ago, BehoId, The Underminer! said:

 

Good to see there is some heart in Big Bad John.

Will only hurt him in his party though.

[Brisketexan 103657]

1 hour ago, BehoId, The Underminer! said:

 

 

4 minutes ago, StassneyHorn said:

Good to see there is some heart in Big Bad John.

Will only hurt him in his party though.

Ummmmm.....stay sitting down, you're gonna be surprised by this: John is full of shit.  Whatever cruel fucking replacement this admin comes up with, Cornyn will not even look up from his Trump knob-slurping as he gives it the thumbs up.

[WBT 20280]

1 hour ago, 'stache said:

That bill is on turtles desk, already passed by the house. Why don't you take it up with him fuckhead.

It would seem he just did?  Who else would he be talking to?  Although he probably knows nothing will come of it.

[tx 3 putt 75570]

30 minutes ago, StassneyHorn said:

Good to see there is some heart in Big Bad John.

Will only hurt him in his party though.

I’d be interested to see what polling numbers Cornyn is working with. I’ll guess it’s telling him a much closer race in November than he’s comfortable with 

[hayden_horn 11311]

6 minutes ago, tx 3 putt said:

I’d be interested to see what polling numbers Cornyn is working with. I’ll guess it’s telling him a much closer race in November than he’s comfortable with 

could be one of the first cracks in the trump monolith. i'll never forgive cornyn for his cowtowing to trump, though. too little too late, fuckface

[Pig Bellmont 8637]

8 minutes ago, tx 3 putt said:

I’d be interested to see what polling numbers Cornyn is working with. I’ll guess it’s telling him a much closer race in November than he’s comfortable with 

Probably more to do with these numbers:

 

[BehoId, The Underminer! 11571]

9 minutes ago, tx 3 putt said:

I’d be interested to see what polling numbers Cornyn is working with. I’ll guess it’s telling him a much closer race in November than he’s comfortable with 

I think it is more a reflection of Trump's polling numbers.  He's having to prepare for a post-Trump world and wants things to point to 5 years from now to say he wasn't a bootlicker.

[4th&Five 41245]

 

[Brisketexan 103657]

Just now, 4th&Five said:

 

He's really, really bad at law stuff.

Of course the Dems can make DACA kids citizens.  If they get a majority of votes in Congress, they can absolutely pass that law.  Then it will be up to the POTUS to sign it.  But SCOTUS did nothing to limit congressional authority (not only were they express in not doing so, they couldn't do so -- that's kind of the point, you fucking orange-skinned moron).  And "negotiate?"  You don't want to take care of anyone except your evil base.  You fucker, you're holding kids hostage for your perverse agenda.  Fuck off and die.  Let's just sweep you fuckers out of office and do it right next year.

[TwiceHorn 30851]

21 hours ago, Doc Sam Beckett said:

Lulz what a bizarro world 

Before the world went nuts, i.e. Trump, Texas Republicans tended to be for sane immigration policies.

[TwiceHorn 30851]

34 minutes ago, Brisketexan said:

He's really, really bad at law stuff.

Of course the Dems can make DACA kids citizens.  If they get a majority of votes in Congress, they can absolutely pass that law.  Then it will be up to the POTUS to sign it.  But SCOTUS did nothing to limit congressional authority (not only were they express in not doing so, they couldn't do so -- that's kind of the point, you fucking orange-skinned moron).  And "negotiate?"  You don't want to take care of anyone except your evil base.  You fucker, you're holding kids hostage for your perverse agenda.  Fuck off and die.  Let's just sweep you fuckers out of office and do it right next year.

"Enhanced papers."  Lmao.  So bad.

Yes, let's definitely "enhance" our "papers" with more litigation pretexts so that our spastic little laws will pass Supreme Court scrutiny.

Edited June 19, 2020 by TwiceHorn

[bolverk 29105]

U.S. Must Release Children From Family Detention Centers, Judge Rules
The ruling applies to children held in the nation’s three family detention centers for more than 20 days. They must be let go by July 17, a federal judge ruled on Friday.

Citing the severity of the coronavirus pandemic, a federal judge in Los Angeles on Friday ordered the imminent release of migrant children held in the country’s three family detention centers.

The order to release the children by July 17 came after plaintiffs in a long-running case reported that some of them have tested positive for the virus. It applies to children who have been held for more than 20 days in the detention centers run by Immigration and Customs Enforcement, two in Texas and one in Pennsylvania.

There were 124 children living in those facilities on June 8, according to the ruling.

In her order, Judge Dolly M. Gee of the U.S. District Court for the Central District of California criticized the Trump administration for spotty compliance of recommendations from the Centers for Disease Control and Prevention. To prevent the virus from spreading in congregate detention facilities, the agency had recommended social distancing, the wearing of masks and early medical intervention for those with virus symptoms.

“The family residential centers are on fire and there is no more time for half measures,” she wrote.

Given the pandemic, Judge Gee wrote, ICE must work to release the children with “all deliberate speed,” either along with their parents or to suitable guardians with the consent of their parents.

The order was the first time a court had set a firm deadline for the release of minors in family detention if their parents designated a relative in the United States to take custody. Recent orders had required their “prompt” release.

“Some detained parents facing deportation brought their children to this country to save them from rampant violence in their home countries,” said Peter Schey, counsel for the class of detained children, “and would prefer to see their child released to relatives here rather than being deported with the parent to countries where children are routinely kidnapped, beaten and killed.”

Judge Gee oversees compliance with the 1997 Flores settlement agreement that sets national standards for the treatment and release of detained immigrant children.

The Trump administration has been trying to terminate the settlement for the last two years, but those efforts have been blocked by Judge Gee and are currently being appealed to the U.S. Court of Appeals for the Ninth Circuit.

Eleven children and parents have tested positive for the coronavirus at a family detention center in Karnes City, Texas. Some migrants at a family facility in Dilley, Texas, are awaiting test results after workers there tested positive for the virus.

Over all, about 2,500 immigrants in ICE detention have tested positive for the virus. The agency has said that it has released at least 900 people with underlying conditions and that it has shrunk the population in each facility to mitigate the spread of the virus.

[Biff Tannen 45228]

21 minutes ago, bolverk said:

U.S. Must Release Children From Family Detention Centers, Judge Rules
The ruling applies to children held in the nation’s three family detention centers for more than 20 days. They must be let go by July 17, a federal judge ruled on Friday.

Citing the severity of the coronavirus pandemic, a federal judge in Los Angeles on Friday ordered the imminent release of migrant children held in the country’s three family detention centers.

The order to release the children by July 17 came after plaintiffs in a long-running case reported that some of them have tested positive for the virus. It applies to children who have been held for more than 20 days in the detention centers run by Immigration and Customs Enforcement, two in Texas and one in Pennsylvania.

There were 124 children living in those facilities on June 8, according to the ruling.

In her order, Judge Dolly M. Gee of the U.S. District Court for the Central District of California criticized the Trump administration for spotty compliance of recommendations from the Centers for Disease Control and Prevention. To prevent the virus from spreading in congregate detention facilities, the agency had recommended social distancing, the wearing of masks and early medical intervention for those with virus symptoms.

“The family residential centers are on fire and there is no more time for half measures,” she wrote.

Given the pandemic, Judge Gee wrote, ICE must work to release the children with “all deliberate speed,” either along with their parents or to suitable guardians with the consent of their parents.

The order was the first time a court had set a firm deadline for the release of minors in family detention if their parents designated a relative in the United States to take custody. Recent orders had required their “prompt” release.

“Some detained parents facing deportation brought their children to this country to save them from rampant violence in their home countries,” said Peter Schey, counsel for the class of detained children, “and would prefer to see their child released to relatives here rather than being deported with the parent to countries where children are routinely kidnapped, beaten and killed.”

Judge Gee oversees compliance with the 1997 Flores settlement agreement that sets national standards for the treatment and release of detained immigrant children.

The Trump administration has been trying to terminate the settlement for the last two years, but those efforts have been blocked by Judge Gee and are currently being appealed to the U.S. Court of Appeals for the Ninth Circuit.

Eleven children and parents have tested positive for the coronavirus at a family detention center in Karnes City, Texas. Some migrants at a family facility in Dilley, Texas, are awaiting test results after workers there tested positive for the virus.

Over all, about 2,500 immigrants in ICE detention have tested positive for the virus. The agency has said that it has released at least 900 people with underlying conditions and that it has shrunk the population in each facility to mitigate the spread of the virus.

The very idea that this admin is probably going to fight this is horrifying.

[WhatTheBuck 28620]

29 minutes ago, bolverk said:

U.S. Must Release Children From Family Detention Centers, Judge Rules
The ruling applies to children held in the nation’s three family detention centers for more than 20 days. They must be let go by July 17, a federal judge ruled on Friday.

Citing the severity of the coronavirus pandemic, a federal judge in Los Angeles on Friday ordered the imminent release of migrant children held in the country’s three family detention centers.

The order to release the children by July 17 came after plaintiffs in a long-running case reported that some of them have tested positive for the virus. It applies to children who have been held for more than 20 days in the detention centers run by Immigration and Customs Enforcement, two in Texas and one in Pennsylvania.

There were 124 children living in those facilities on June 8, according to the ruling.

In her order, Judge Dolly M. Gee of the U.S. District Court for the Central District of California criticized the Trump administration for spotty compliance of recommendations from the Centers for Disease Control and Prevention. To prevent the virus from spreading in congregate detention facilities, the agency had recommended social distancing, the wearing of masks and early medical intervention for those with virus symptoms.

“The family residential centers are on fire and there is no more time for half measures,” she wrote.

Given the pandemic, Judge Gee wrote, ICE must work to release the children with “all deliberate speed,” either along with their parents or to suitable guardians with the consent of their parents.

The order was the first time a court had set a firm deadline for the release of minors in family detention if their parents designated a relative in the United States to take custody. Recent orders had required their “prompt” release.

“Some detained parents facing deportation brought their children to this country to save them from rampant violence in their home countries,” said Peter Schey, counsel for the class of detained children, “and would prefer to see their child released to relatives here rather than being deported with the parent to countries where children are routinely kidnapped, beaten and killed.”

Judge Gee oversees compliance with the 1997 Flores settlement agreement that sets national standards for the treatment and release of detained immigrant children.

The Trump administration has been trying to terminate the settlement for the last two years, but those efforts have been blocked by Judge Gee and are currently being appealed to the U.S. Court of Appeals for the Ninth Circuit.

Eleven children and parents have tested positive for the coronavirus at a family detention center in Karnes City, Texas. Some migrants at a family facility in Dilley, Texas, are awaiting test results after workers there tested positive for the virus.

Over all, about 2,500 immigrants in ICE detention have tested positive for the virus. The agency has said that it has released at least 900 people with underlying conditions and that it has shrunk the population in each facility to mitigate the spread of the virus.

That link leads to this thread. 

[tx 3 putt 75570]

11 minutes ago, Biff Tannen said:

The very idea that this admin is probably going to fight this is horrifying.

stephen miller's agenda will not be denied by some judge !

[bolverk 29105]

5 minutes ago, WhatTheBuck said:

That link leads to this thread. 

Oops. Posting from phone and fucked it up.

https://www.nytimes.com/2020/06/26/us/immigrant-children-detention-centers.html?action=click&module=Latest&pgtype=Homepage

[Biff Tannen 45228]

The Trump administration abruptly furloughed 13,400 immigration workers, which will effectively grind the immigration system to halt. Thousands of United States Citizenship and Immigration Services employees learned this week that they’ll be furloughed for at least 30 days beginning in August. At least 73 percent of the agency’s staff will be out of work temporarily. USCIS derives a significant portion of its budget from immigration fees, and President Trump’s cancellation of lucrative visa categories has exacerbated a loss of revenue due to the pandemic. A hobbled USCIS will tie up the immigration courts, and agency officials don’t see that as an accident: “Stephen Miller is getting exactly what he wanted.”

https://www.vice.com/en_us/article/ep4pkw/the-trump-administration-just-furloughed-13400-immigration-workers

[Message Board User 12383]