@L_Toczylowski is taking over ImmDef’s Twitter this morning to live tweet from #MPP court in San Diego. Follow this thread to get a peek inside a border court where asylum seekers’ due process rights are being violated every single day. #RestoreAsylumNOW #SaveAsylum #EndMPP
While we wait for the CBP bus full of asylum seekers to arrive from the border, I am taking a look at the posted docket lists: 37 ppl have court this morning, & only 1 has a lawyer. This afternoon 107 ppl have court, & only 4 have lawyers. #RestoreAsylumNOW
Waiting for hearings to start. Asylum seekers here now. ICE detention officer just walked into courtroom & asked another guard “can you ask the aliens if anyone needs to go to the bathroom before we get started?” She asks in Spanish, the terrified, tired looking group all decline
Govt atty is talking to the ICE officer and asking whether they brought everyone who showed up at the port-of-entry to court today. There are people missing who should be here. He wants to know what he can tell the judge when he tries to get the person deported in their absence.
Govt atty is concerned b/c one of the ppl who is on docket but didn’t show up is not on the list that ICE had. He asks ICE guard “are you sure he wasn’t there?” Guard says “we left no one behind.” We’ll see if he discloses list issue to IJ when he moves to deport in his absence.
Judge O’Connor has now arrived. First case, and the only one with an attorney present, is up. He seems surprised to see all the volunteers from @humanrights1st & @ImmDef in his courtroom. He is used to doing these hearings in the shadows. #RestoreAsylumNow #packthecourt
Turns out first case up is not #MPP. It is a case that previously had merits today so they are rescheduling since O’Connor only hears MPP cases now. So that means out of the 36 MPP cases this morning, NO ONE has a lawyer. MPP is extremey effective in denying ppl access to counsel
First case up is a young mom with her 3 small kids & no lawyer. The youngest one is about 4 & she has her head down on the table while her mom talks to the Judge O’Connor through an interpreter. He questions mom about why she has no mailing address & why she doesn’t have an atty.
IJ O’Connor is shaming her and raising his voice b/c she is back again without an atty. He is asking her for all of the phone numbers of places she called to ask for help. “You are claiming to me that people are trying to charge you $10,000 for help. How do I know that’s real?”
IJ O’Connor now tells her that he thinks it is unlikely she will find an atty, so she must represent herself. He is now reviewing the Notice to Appear w/ her so she can do pleadings for herself and her kids. The little girl has not lifted her head from the table this whole time.
IJ O’Connor: “Do you understand allegations in your Notice To Appear and the amdended allegations in the subsequent NTA that the govt has filed which has inconsistencies about your manner of entry? Do you understand the allegations and inconsistencies?”
Unrepresented mom: “Si.”
Unrepresented mom: “Si.”
This is a farce. Mom is of course completely confused. IJ is laughing with govt atty on the record as he points out the inconsistencies and mistakes in her NTA. He says “the inconsistencies in this document indicate the level of care the government is putting into these cases.”
IJ O’Connor is questioning govt atty under what authority this family was returned to MX when they weren’t arriving aliens initially. Govt atty argues they “became” arriving aliens when they came back for court. IJ says that can’t be b/c they had no authority to send them to Mx
So he is dismissing case b/c she is not arriving alien & he can’t sustain NTA. Govt is appealing. IJ is no hero here. This means that this single mom and three kids will likely be sent back to MX and have to start all over again seeking asylum. Mom does not understand this.
Next case. Another mom with a young daughter. Little girl is about 6. Her feet don’t even touch the floor as she sits at table. IJ O’Connor again starts w/ questions about why she doesn’t have atty. She says she called every org on the list, but none will help b/c she is in MX.
IJ O’Connor says “well I am finding that it appears you are not likely to find an attorney and therefore you will represent yourself.” He is now beginning his very technical review of the NTA and the amendments. He pauses “do you understand all that?” She nervously says “yes.”
IJ O’Connor is again dismissing case b/c of a deficient NTA. Mom doesn’t understand the implications. If IJ were doing this as a way to protest MPP, he would grant ppl relief rather than dismiss, since he knows this mom will be sent back to Mx & forced to start over b/c of ruling
IJ & DHS are once again laughing together on the record b/c govt atty says in response to IJ’s mangled summary of proceedings “well certainly the record is not very clear.” Mom doesn’t laugh w/ them b/c she is here to seek protection. This isn’t funny, it’s deadly serious for her
Mom is trying to explain how she entered the US initially. IJ O’Connor is annoyed b/c it doesn’t fit w/ the NTA, so he is loudly asking her “then why does it indicate you entered illegally?” He is now asking this mom, nearly in tears, for proof she went to port of entry that day.
IJ O’Connor yelling now “OK ma’am, you have told me your daughter was sick that day. I will need evidence to show that she was sick that day or by being late that day you have given up your right to seek any relief you might have had.” Mom is confused, panicked & nearly in tears.
Next case up: another mom traveling alone with her child. They are also here w/out a lawyer. This is an obvious pattern. IJ O’Connor again starts with questioning how she dared to come back without a lawyer. This is not justice. This is not a protection system. #RestoreAsylumNOW
IJ O’Connor is again yelling at a mom b/c she doesn’t have an atty. He says dismissively “I hear all the time from ppl about how they called all the numbers on the list & no answer. So I am going to find that you are unlikely to find a lawyer. Let’s review the NTA.”
Going to take a break and head over to the press conference we are having with our partners from JFS, @humanrights1st @AlOtroLado_Org @sdACLU @ThinkLawLab and more. 880 Front Street, San Diego, 10:30am. Will be back in court for the afternoon session at 1pm PST. #RestoreAslyumNOW
