@ReichlinMelnick's Threads
Earlier today I flagged a new document that the DOJ's Executive Office for Immigration Review (EOIR)—which houses the immigration court system—sent out to reporters. While this document (justice.gov/eoir/page/file…) claims to bust myths, it is actually quite deceptive.
Here's why:
Here's why:
Let's start at the beginning with EOIR's Myth 1. What's wrong here?
Not everyone with a meritorious claim can navigate the complicated court system to file an asylum application—which must be filed in English—and not every meritorious case wins; some judges deny >95% of cases.
Not everyone with a meritorious claim can navigate the complicated court system to file an asylum application—which must be filed in English—and not every meritorious case wins; some judges deny >95% of cases.
Myth 1 encapsulates the problem with this @DOJ_EOIR document: the myth is that most claims are "meritorious" but the "fact" is a statistic of what % of people who asked for asylum at the border from FY 2008-2018 eventually won asylum.
The fact doesn't directly address the myth.
The fact doesn't directly address the myth.
Hey reporters if EOIR just emailed you a “myths v. facts” sheet please do not quote it uncritically as some of the data is true but deeply disingenuous. For example, this bit, which uses “completions” data to falsely imply almost half of people miss court.
Here’s why it’s wrong:
Here’s why it’s wrong:
Looking only at completions (cases that have “ended”) distorts appearance rates.
Imagine ten people scheduled for court. Nine show up. One is deported for missing court and one has their case completed.
50% of "completions" missed court—even though 90% of people showed up!
Imagine ten people scheduled for court. Nine show up. One is deported for missing court and one has their case completed.
50% of "completions" missed court—even though 90% of people showed up!
When the government reports completion-based failure to appear rates (like here with the mention of cases which “end with an in absentia removal order”), don’t fall for their attempt to conflate this with how many people show up.
Here’s a better method:
Here’s a better method:
Today, thanks to a ton of hard work from @shepherd_kt and others, we @immcouncil filed an administrative complaint about immigration judge practices and behavior in the El Paso Service Process Center—a court with an asylum grant rate so low one judge calls it the "Bye-Bye Place."
Our complaint describes how immigrants in the El Paso SPC face obstacles to getting a fair day in court.
Unfortunately, one of those obstacles is immigration judge conduct. The best example of that is a judge declaring that "Due process is an opportunity, not a privilege."
Unfortunately, one of those obstacles is immigration judge conduct. The best example of that is a judge declaring that "Due process is an opportunity, not a privilege."
Another issue we raise in the complaint is the use of problematic "standing orders" in the El Paso SPC immigration court. One of these standing orders is one of the most egregious things I've ever seen as a lawyer; a strict limit of 100 pages on the submission of *evidence.*
I want to share this story both for the fascinating questions it raises and something more personal.
You see, the person who rediscovered these photos in 1976 was my grandmother, Elinor Reichlin, and she was responsible for them seeing the light of day.
nytimes.com/2019/03/20/us/…
You see, the person who rediscovered these photos in 1976 was my grandmother, Elinor Reichlin, and she was responsible for them seeing the light of day.
nytimes.com/2019/03/20/us/…
In 1976, my grandmother Ellie was going through dusty cabinets in the Peabody Museum and came across a tin filled with fragile daguerreotypes.
After some hard work, she was able to reveal that they were the earliest pictures of enslaved Americans.
nytimes.com/1977/05/31/arc…
After some hard work, she was able to reveal that they were the earliest pictures of enslaved Americans.
nytimes.com/1977/05/31/arc…
What my grandmother discovered was that these pictures had been taken in 1850 by Louis Agassiz, who was trying to prove “scientifically” that Africans were a different species and thus inferior.
Here’s the article my grandmother wrote on the pictures. americanheritage.com/faces-slavery
Here’s the article my grandmother wrote on the pictures. americanheritage.com/faces-slavery
This morning, DHS Secretary Nielsen will be testifying in front of the House Homeland Security Committee. I'll be watching the first hour of it before I have to head off for meetings. Expect @SecNielsen to double down on a "crisis" and Dems to push back.
Before we begin, a brief note on yesterday's reporting that February apprehensions (66,450) were the highest # for a February in a decade. But let's put this in context.
May 2014 apprehensions (61,357) were the highest May # since 2008... and since then. Because spikes happen.
May 2014 apprehensions (61,357) were the highest May # since 2008... and since then. Because spikes happen.
Last month's high numbers are only 8.3% higher than the spike in 2014, and yet CBP didn't say they were "close to breaking" or that there was a "national emergency."
Yes, more family units are arriving now. But again, only twice more than in June 2014 (16,330 vs. 36,174).
Yes, more family units are arriving now. But again, only twice more than in June 2014 (16,330 vs. 36,174).
Good morning all! I'll be watching this hearing over the next couple hours. I'm tuning in now, during @RepJerryNadler's opening statement.
This is the second of several oversight hearings in the new Congress on family separation, something that is desperately needed. Stay tuned!
This is the second of several oversight hearings in the new Congress on family separation, something that is desperately needed. Stay tuned!
A powerful statement from @RepJerryNadler in his opening statement. "When a stranger rips a child from a parent's arms without any plan to reunify them, it is called kidnapping."
Rep. Nadler then calls family separation kidnapping again and highlights the trauma to children.
Rep. Nadler then calls family separation kidnapping again and highlights the trauma to children.
From @RepJerryNadler on the El Paso family separation pilot project: "How is it remotely possible that after quietly conducting this family separation program for five months, the agencies at this hearing did not recognize the obvious need for critical officer training, ...
Here's a hard fact for you, @SpoxDHS; every single claim in your tweet is deeply misleading. I'm going to focus on your big whopper; that 90% of asylum-seekers do not "qualify" for asylum! That's just not true. I'll show you why, using only data from the government itself.
Here's what we know about the caravan members and their asylum "qualifications."
In April, when the first caravan arrived, USCIS Asylum Officers determined that 93% of caravan members who asked for asylum had a credible fear of persecution.
buzzfeednews.com/article/adolfo…
In April, when the first caravan arrived, USCIS Asylum Officers determined that 93% of caravan members who asked for asylum had a credible fear of persecution.
buzzfeednews.com/article/adolfo…
What does it mean to have a "credible fear" of persecution? Well, under US law, that means that an Asylum Officer determined that there is a "a significant possibility" that a person could win asylum. This translates to about at least a 10% chance of winning asylum.
CBP has now posted their own guidelines for Remain in Mexico/MPP. This includes three documents:
1. "[MPP] Guiding Principles"
2. "Commissioner's Memo implementing the [MPP]"
3. "Field Operations Memo implementing the [MPP]"
Still no Nielsen memo.
cbp.gov/document/guida…
1. "[MPP] Guiding Principles"
2. "Commissioner's Memo implementing the [MPP]"
3. "Field Operations Memo implementing the [MPP]"
Still no Nielsen memo.
cbp.gov/document/guida…
A brief thread with new information from these documents. First, we get the most comprehensive (and easily readable) list of the groups of people who will NOT be forced to wait in Mexico for immigration court hearings:
One odd decision about this program regards individuals with a criminal record or "history of violence." These individuals will be taken into ICE custody and processed normally, whereas those with NO criminal history will be sent back to Mexico. A weird choice.
Wow. Massive asylum restrictions is right. This bill appears to ban asylum for Central American Minors who try to apply at the US border! It says that if you're a CAM, you MUST apply in your country or you are ineligible for asylum. And then the bill sets a cap!
Under the so-called "compromise" bill, only 50k Central American Minors allowed to apply for asylum each year, and only 15k asylum applications can be granted. AND it wouldn't be done by immigration judges, it would be a totally nonreviewable DHS decision. And no judicial review!
And more! The DHS procedure for granting asylum would ALSO require a determination that granting asylum was "in the national interest," making asylum even HARDER.
This is a sham of a sham that guts asylum protections for Central Americans and sets up a kangaroo process.
This is a sham of a sham that guts asylum protections for Central Americans and sets up a kangaroo process.
Holy crap. This is genuinely an incredible scoop from @SenJeffMerkley’s office which got it from a whistleblower and provided it to NBC. The document is here. It’s wild, and it confirms the sheer cruelty of the administration’s family separation plans. documentcloud.org/documents/5688…
This is pretty much the smoking gun for the administration’s family separation policy. The first two options for “short-term options” are Zero Tolerance (with family separation as a known side effect), and then “Separate Family Units”!
And another holy crap moment! The document says that the ICE/ORR memorandum of understanding, which led to children being detained in shelters for months longer than normal, was designed explicitly as a deterrent!
That was always the suspicion but to see it in writing is... wow.
That was always the suspicion but to see it in writing is... wow.
At 10AM today, CBP Commissioner Kevin McAleenan (@CBP_McAleenan) will be appearing in front of the Senate Judiciary Committee for an important oversight hearing. I'll be livetweeting the hearing and pulling out any important parts of the testimony. judiciary.senate.gov/meetings/overs…
McAleenan has already made his written testimony available. While I haven't had the chance to read it carefully, one very important thing to note is that he doesn't mention family separation or metering once. judiciary.senate.gov/imo/media/doc/… …
The hearing begins with Chairman Grassley praising the "important work" of CBP, describing it as a law enforcement agency. Grassley says he was impressed on private meeting with McAleenan about all the work he's done protecting migrants, which is... debatable at best.
