UPDATE: The Presidential proclamation barring certain non-citizens from seeking #asylum after crossing the Southern border is out. How will they limit it to the #MigrantCaravan? How much more illegal can this thing get?
I haven't even read this, so let's get through ittogether
(This thread is going to be a sequel to yesterday's on the "final interim rule" rushed into effect in anticipation of this proclamation, so you might want to read that one first.)
These #s appear to be the entire justification for the proclamation, and they badly need context. They may sound scary if you're new to the issue, but check out the overall historical picture & tell me this is a natl. emergency worthy of suspending a 4,000 year-old legal right
1/ ME, A VERY TIRED #IMMIGRATION LAWYER: this just in, our awful government is doing an illegal thing to #asylum seekers
YOU, A CONCERNED CITIZEN: Like, *how* illegal though
*pours a Laphroaig double*
okay, let's do this
2/ 1st, this is not exactly an executive order. That's coming later, via "Presidential proclamation"--obvs a totally cool & normal way to make things happen in a democracy
This "final interim rule" skips usual due process and goes into effect NOW, because #MigrantCaravan
3/ N.B.: This doesn't complete cut off all possibility of legal protection for #asylum seekers. "Withholding of removal" (a form of relief I like to call "asylum lite") and protection under the Convention Against Torture remain. That's not to say that this is necessarily OK.
As a historian specializing in the #Holocaust, #Nazi Germany, and #Europe in the era of the world wars, I have been repeatedly asked about the degree to which the current situation in the United States resembles the interwar period and the rise of #fascism in Europe.
I would note several troubling similarities and one important but equally troubling difference.
In the 1920s, the US pursued #isolationism in foreign #policy and rejected participation in international organizations like the League of Nations.
1/ Just spent a week working pro bono with CARA at DETENTION center in #Dilley Texas (oddly renamed "residential" center) to prepare the #SUPERWOMEN being held there prepare for their credible fear interviews. They told me ghastly stories of persecution suffered in lawless
2/ countries at the hands of gangs who terrorize and extort them, then beat, rape and threaten to kill them and their children if they dare go to the police or say "enough," AND/OR countries with such weak laws, corrupt police, and/or corrupt government officials that are
3/ effectively lawless when it comes to protecting women from violent husbands who treat them like property by repeatedly raping them, telling them they are worthless SIMPLY because they are WOMEN, restricting their freedom to work, express political views, attend church, see
I’ve been repeatedly warned that I’ll destroy my career if I dare speak out, so most of my political tweets and blogs are under a different name.
BUT when a govt starts harming children and their families, I realized that speaking out for them IS my career.
I need some help
I delayed my divorce until my kids were beyond custody battles, thinking I could obtain my share of our assets to move on.
I didn’t realize that divorce cts in the US (some worse than others) are set up 2 asset-strip and discard the more dependent spouse, like venture capitalists
Last week, Democratic attorneys general in 17 states + D.C filed a lawsuit against the Trump administration, arguing that its practice of separating families violated the due process and equal protection clauses of the Fifth Amendment.
A new motion filed Monday came with more than 900 pages of declarations that included powerful personal testimonies from parents, children and other family members who were directly impacted by the Trump policy.
.@NewsHour read through all 99 declarations and pulled 12 that offer a window into the #familyseparations at the border. Here’s some of what we found--
As a fmr immigration attorney let me be unambiguously clear. Crossing a boarder to claim asylum is *not* a crime; no under US or international law. Any child separated from a parent under that pretext is done so in direct contravention to the laws of the USA. ⚖ THREAD Pls RT.
If you came to the US without permission to apply for asylum, youmetjod of entry, whether legal or illegal *should* in no way effect your application process. Illegal entry is not a ground of inadmissibility for asylum applicants.
Unlike many other categories of applicants for immigration benefits, ppl seeking asylum in the US are not barred by having made an illegal entry; for example, sneaked across the U.S. border or overstaying a valid visa (one of the top ways people are in the country illegall).
The horrific #Goodlatte#immigration bill soon up for debate isn't something to be "compromised" with. It's a harsh, intentional, irrevocable shift Trumpward.
Burn the ashes.
Scatter them upon the Antarctic plains.
Here are just a few of many reasons.
(1) CRIMINALIZATION of unlawful presence in the United States: White supremacy writ into law. For past 228 years, simply *being in U.S.* w/o permission was a civil offense w/no consequence other than deportation.
(NB: This was quickly rejected in 2005, but much more likely now)
(2) ONE HUNDRED THIRTY BILLION UNITED STATES TAXPAYER DOLLARS to fully militarize the Mexican border.
Even @Heritage, which otherwise mostly likes the bill, balked at this as "hard to justify." You don't say.
Dad was detained in a #Texas detention center where @RAICESTEXAS consulted. Dad accepted a deportation to be quickly reunited w/ his infant child. However, the Dad was deported & NOT his child. The now 8-month-old baby has been in ORR custody for 4 months. #EndFamilySeparation
Today I prepared a beautiful 6-year-old girl in a pink hat for an #asylum interview.
ME: Do you want to go back to El Salvador?
CLIENT [eyes wide]: No!
ME: Why not?
CLIENT [looking down at table]: Because of the bad people.
She'll be deported before her 10th birthday.
That tweet above is pretty much verbatim what she'll be saying on Monday; her father will provide the rest. He'll tell the interviewer about the threats of kidnapping & murder, and what gangs do to children of people they extort if they can't escape. She will not receive asylum.
The case will be referred back to an immigration judge, who will find that she & her family have not suffered persecution based on any grounds that the law can recognize. By the time of her hearing, AG Sessions will have personally removed any doubt of the law around this point.
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.)