Back in #MigrantPersecutionProtocols court for the afternoon in San Diego, now switching to Judge Clemente’s courtroom. ImmDef Director @L_Toczylowski will be breaking down what is happening for everyone who can’t come witness this mockery of justice in person. #RestoreAslyumNOW
This courtroom is packed. There are a few lawyers here, including @CargioliM (ImmDef’s managing atty in San Diego), who is representing a family that includes 3 little girls, all with glittery bows in their hair and the two youngest girls (age 2 and 3) are wearing pink tutus.
With the help of @JFSSD, @ImmDef teamed up w/ @ThinkLawLab to do a quick KYR presentation for the many unrepresented families here. Like all of the triage lawyering we do for #MPP, this is woefully inadequate given that they are about to appear b4 a judge and lives are at stake.
This entire docket is reset masters so everyone here can sign their asylum applications that were previously filed. He’s going to swear everyone in as a group, & then have each family come up sign the apps one by one. He tells them if they don’t sign today, he will deport them.
He is asking everyone to raise their hands to be sworn in. Only ppl over 14 need to be sworn in, but when he calls names everyone, including a little girl in a pink sweater and a french braid, raises their hand and says in unison “Yo juro.” (I swear).
IJ Clemente speaks Spanish directly to respondents, something you don’t see often in imm court. IJ says openly that he is trying to move the cases along quickly b/c of problems ppl are having in MX. Seems nice, but court is also treating life & death cases incredibly informally.
Moved to IJ Simpson’s courtroom. A baby is crying & Judge is telling mom that if the baby can’t settle down he will have to ask her to leave. Mom is desperately trying to get him to nurse, w/ a panicked look on her face that as a mom who nursed two babies myself, I recognize well
Family that is currently talking to IJ is telling him they want to represent themselves because they can’t find a lawyer in MX. IJ Simpson says, “well since you want to represent yourselves, that is what we will do.” This feels like a misuse of the word “want.” #RestoreAsylumNOW
IJ Simpson is now explaining to the pro se respondents that they are likely ineligible for asylum due to the transit ban. He says if they do get a chance to speak to a lawyer at some point, this is something they should discuss. He knows they likely wont get the chance to do that
There is a little girl in here with her mom and baby brother. She is sitting on the floor with him in between the bench seating, eating slices of turkey out of a plastic bag. She should be in school right now, but she is sitting in deportation court. Her mom looks exhausted.
Next case up is a young woman, maybe late teens from Nicaragua, here alone & representing herself. IJ Simpson is telling her he wants to move her case along quickly, but that he has 1000s of other cases too. He tells her about the #transitban. She wipes her eyes, sad & confused.
Next case is a young Guatemalan couple traveling with their toddler. Mom sits at counsel table, where the defense lawyer would normally sit, with the baby on her lap. There is not one lawyer representing anyone on the entire afternoon docket in Judge Simpson’s courtroom. #EndMPP
IJ Simpson tells couple that case is unusual, he has only seen a few others like it in last year. He recommends they get atty rather than rep themselves. He points out that they were initially marked EWI on NTA, but now with today’s amended NTA they are marked as arriving aliens.
He tells them their due process rights may have been violated. They have no idea what he is talking about. He sets their case over and once again tells them to consider trying to find a lawyer. IJ is asking them if they would like to have a bond hearing on Feb 26th. Govt objects.
Mom with baby on her lap asks whether there is anything else he can do so they don’t have to go back to Mexico. She says she fears for their lives there. IJ confirms that they will get a fear interview.
10 min break. I speak w/ the young couple & explain that I may be able to help them w/ their bond hearing next month. While we are talking ICE comes over & says I can’t speak w/ the family. I tell him I am an atty. He says unless I have G28 on file, I can’t speak to them.
I tell officer that the IJ just told this family they need to find an atty and I am an attorney from a DOJ accredited non-profit, so why can’t I speak to them? He says that it is the rule, not talking to them without G28. I ask whose rule? What refs say that? Are they detained?
ICE officer honestly looks a little nervous. He tells me if I just get the G28 next time there will be no questions or issues. I explain that isn’t possible and continue speaking to the young couple, giving them my contact info. The officer stands directly next to us.
There are goldfish all over the floor in the courtroom. So many kids have spent most of the day in here. They are all fussy and exhausted. The little boy who was eating turkey earlier has completely lost it and is crying loudly. His mom is desperately trying to quiet him.
Now the court is back in session and the IJ is opting to do a group hearing. The little boy is getting more hysterical and people can’t really hear the Judge. Judge Simpson asks the mom to leave and says that her case will be heard separately. Her and the 3 kids step out.
IJ is asking if anyone needs copy of the legal service provider list. He explains that they need to call the providers & try to find a lawyer. All day every asylum seeker has said they tried this & no org is able to help. IJ Simpson knows this. He is setting them up for failure.
IJ points out that all ppl in the group hearing have NTAs with no box checked indicating whether the govt is labeling them EWI or arriving aliens. He points out amended NTAs were served today claiming they are arriving aliens. No one has any idea what he is talking about. #EndMPP
He is now asking the group if anyone has fear to return to Mexico. He asks them to raise their hand if so. When people do, he reads their name and A number into the record in open court. Since so few people pass these fear interviews, this seems like a dangerous practice.
IJ is explaining that NTA may be defective. What this means is that no one here can submit their asylum apps, even if they have them read. No one understands what this means. They’re being sent back to dangerous conditions for months longer while IJ fights DHS over process.
Next case: Mom explains that she has called all numbers on list & no one will help b/c she is in Mx. IJ says he has seen many ppl come with free lawyers over last year. He says some of those lawyers may even be here in the room. Meanwhile, I am only non-respondent left in court.
He tells her this literally 10 minutes after ICE has nearly kicked me out for talking to asylum seekers who I don’t have documentation that I am already representing. This place makes no sense. The IJs create fake options for ppl and then punish them when they don’t work out.
