Today in #MigrantPersecutionProtocols Court, San Diego edition: DHS atty is opposing a change of venue from SD to LA, despite assertions on the record that they are likely paroling client in today to reunite her w/ her mom. Judge overrules govt, orders COV. Govt reserves appeal.
Out of all the cases on the immigration judge’s docket, there is only one person represented (our client). Everyone else is proceeding “Pro Se” or on their own, including a non-English speaking mom and her 5 y/o who is currently struggling to understand how to do pleadings.
The little boy is playing with the headset and getting restless, and the Judge is telling him “please listen to your mom and be a good boy. Your mom needs to listen carefully.” Now the little boy won’t sit at the table so the judge is giving him paper to draw on. Mom is crying.
Judge is now admiring the little boy’s drawing and saying he likes the pink raindrops he drew. He is also telling mom that her merits hearing is in September and she needs to come back with evidence translated into English and any witnesses she wants to present. She is confused.
Moved into diff courtroom now. There are 3 full courtrooms hearing only #MigrantPersecutionProtocols cases today. No attys at all in this courtroom. Here an unrepresented youth is being read his rights. Judge finishes & asks “do you understand?” He says “I can appeal to what?”
Next case: IJ “have you found an attorney?” Respondent “I tried and tried but I can not.” Now he is proceeding on his own. Which means that he will be up to 1100% less likely to gain asylum relief. #ThisIsNotDueProcess #Access2Counsel #DueProcess4all
As the cases finish today, the armed @ICEgov guards are moving the respondents out into the lobby area. They need to because the courtrooms are overflowing. Now the lobby is full of moms and kids. It’s louder than this courthouse usually is, with kids yelling and playing.
The young man representing himself now is confused & asked that he be removed to MX rather than El Salvador if removal becomes necessary, but he also expressed fear of return to MX. Now the IJ is telling him his 589 needs to include reasons he fears return to either country.
8 y/o boy was just coming out of the courtroom and tried to give a friend of the family who came to support him and his mom a hug on the way to the lobby. Armed ICE guard pulled him away and told him “No, no, no” loudly and pulled him away.
Another unusual thing about the courtroom today: there are goldfish all over the floor under the Repondent’s table, left behind by the kids who have already appeared. #KidsInCourt
Watching a family we helped yesterday at a Pro Se clinic in MX. It’s heartbreaking to watch. They are a young couple, with a smiley 7 y/o in a ponytail with a pink elastic. She seems calm while her parents look terrified as they tell the court they plan to represent themselves.
Family asks IJ to be released on bond. IJ asks DHS whether they are detained. DHS says they don’t consider them detained. Armed guards are blocking the door of the courtroom. IJ explains that she doesn’t concede they aren’t detained, but as arriving aliens she can’t grant bond.
Next up: mom and her 6 y/o daughter. Little girl is wearing a pink shirt w/ a bow in her hair with little bears printed on it. Their case is set over until Sept so they can look for an atty to help them. IJ ends by telling the girl she is “a good little girl, so well behaved.”
Long convo in current case about finding a lawyer. IJ asks whether he has called attys from legal aid list, he says yes but only 1 org answered and said they couldn’t help b/c he is in MX. She then says he should call ppl to help who aren’t on the list, he says “I know no one.”
Mom w/ an 8 y/o is telling IJ she wants to represent herself. IJ asks “are you familiar w/ imm law? Imm law is very complicated & if you go forward today it may be your one and only hearing and you could be removed. If you desire to remain in the US, you should look for an atty.”
A mom asked earlier about requesting a fear interview & we told her to ask IJ. She went up, got nervous and forgot. As she leaves courtroom, we tell her she can still ask. @ICEgov officer rushes over and says she can’t talk to us.Oh but, they’re not detained according to @DHSgov.
Court is done for today. This was a quick snapshot of a few cases of the more than 20,000 people who have been #ForcedBack into Mexico as part of the #MigrantPersecutionProtocols. Please, we are begging, #StayOutraged.
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