ImmDef Director @L_Toczylowski is back in the #MigrantPersecutionProtocols court in SD today. Despite the 9th Circuit finding the #MPP program illegal & dangerous, in the first courtroom we visit today there are 5 families appearing before IJ Simpson today. No one has an atty.
There are 5 families in this courtroom, all of them with little kids in tow. One little girl is playing w/ a teddy bear on the court bench. IJ Simpson is asking the families if they have have any questions. A women stands asks if her case can be joined w/ her children’s cases.
Stunning response: “well in a moment I am going to find that your charging document is defective and therefore you won’t have a case anymore to join with your kids’ cases. Any other questions?” He immediately moves into a group oral decision terminating there cases. #NoJustice
The families are all unrepresented & confused. They don’t realize this means the process they have been engaging in for months was for nothing. They will be returned to MX today in the same position they were before court. With no protection, no ongoing proceedings, no safety.
So through no fault of their own, b/c the govt & IJ Simpson have no concern about a meaningful ability to actually apply for asylum, these families are effectively barred from seeking asylum. The little girl w/ the teddy bear is now laying on the bench and using it as a pillow.
One mom is listening carefully as he reads his oral decision into the record which is filled with codes and legal jargon. Her hand is over his mouth, maybe in shock, I can’t tell.
IJ Simpson is now asking people to raise their hands if they want to appeal his decision. I am resisting the urge to scream “EVERYONE RESERVE APPEAL.” Luckily all of the confused participants in this charade raise their hands.
On to IJ Romig’s courtroom. First case up is a young dad holding his toddler son on his lap. He asks IJ why he can’t stay in the US so his so can be with his mom who lives here and they can stay with her and find a lawyer. IJ Romig says he has no authority to permit that.
Lots of little kids in this courtroom too. All the families have kids with them. One toddler is playing on the floor between benches while other cases are heard. Another little boy sits with his head down in his hands. He might be asleep, his mom looks exhausted.
Next case up is a mom who is traveling w/ her young daughter. She is lucky to have a letter from @AlOtroLado_Org that tells the IJ that she has an appt for April when they will help her fill out her asylum app pro se. IJ agrees to give her a date to come back after her appt.
Next up is a mom with her toddler. She carries him up and places him on the chair next to her, where an attorney would normally sit. He is fussy and whimpering. She is trying to feed him snacks while she talks to the judge. She explains that she has tried and can’t find an atty.
When their case finishes they go back to sit down at the benches, but the toddler who is about a yr old, starts wandering towards the door. The armed ICE officer ushers him back and tells him in English, “go back to mommy little guy.” He smiles at her & almost falls over.
“If you had an atty they could do all these things for you like prepare evidence, present witnesses & file things on your behalf. But I am trying to help you since you don’t have an atty. You will need to submit everything in English to this court and make copies of it all.” -IJ
The mom is explaining that she has been separated from one of her children. Her voice is shaking. The IJ is practically begging her to get an atty, but he knows this is an impossible feat for ppl in #MPP. He is looking at me & telling her to try to find one of the “free lawyers.”
We will give her our card & try to help. But even that seems unfair since no one on this docket today has an atty & they all need help. The next case up is an elderly man who is telling the judge that he fears going back to MX, begs that he be allowed to go to his brothers in FL.
Court is finishing up and now we are sitting in the lobby where about six armed ICE officers are standing around guarding the 43 people who had #MPP court this afternoon. Out of everyone here, only one person was represented and that was ImmDef atty @CargioliM’s case.
So another day, another courthouse full of due process violations, human suffering and family separations. Before SCOTUS decides anything about this case, they should all be forced to sit through an afternoon of this insanity and see the suffering firsthand. #RestoreAsylumNoW
