UPDATE: The Presidential proclamation barring certain non-citizens from seeking #asylum after crossing the Southern border is out. How will they limit it to the #MigrantCaravan? How much more illegal can this thing get?
I haven't even read this, so let's get through ittogether
(This thread is going to be a sequel to yesterday's on the "final interim rule" rushed into effect in anticipation of this proclamation, so you might want to read that one first.)
These #s appear to be the entire justification for the proclamation, and they badly need context. They may sound scary if you're new to the issue, but check out the overall historical picture & tell me this is a natl. emergency worthy of suspending a 4,000 year-old legal right
1/ ME, A VERY TIRED #IMMIGRATION LAWYER: this just in, our awful government is doing an illegal thing to #asylum seekers
YOU, A CONCERNED CITIZEN: Like, *how* illegal though
*pours a Laphroaig double*
okay, let's do this
2/ 1st, this is not exactly an executive order. That's coming later, via "Presidential proclamation"--obvs a totally cool & normal way to make things happen in a democracy
This "final interim rule" skips usual due process and goes into effect NOW, because #MigrantCaravan
3/ N.B.: This doesn't complete cut off all possibility of legal protection for #asylum seekers. "Withholding of removal" (a form of relief I like to call "asylum lite") and protection under the Convention Against Torture remain. That's not to say that this is necessarily OK.
1/ One of the worst parts of the proposed new DHS "public charge" rule would resurrect a 400-yr-old idea, punish lower-income immigrants, AND deliver a massive new giveaway to Wall Street.
Not seeing much out there on this piece right now, so here's what you need to know:
2/ The idea of a "public charge bond" goes back to the earliest colonial days. If someone coming over from Europe didn't seem like they would be able to support themselves, the ship's captain would have to put up a given amount of money to keep them off the dole or take them back
3/ As part of the "Passenger Cases," SCOTUS struck down the city of Boston's attempt to collect public charge bonds from ship captains as unconstitutional in 1849, finding that only the federal government had this kind of power. But it didn't actually exercise it until 1882.
Not, like, step-by-step but generally what are the paths available under current law. If the answer is any variation on "get in line like everybody else," an automatic 6-month bar on any immigration rhetoric/legislation until finishing a mandatory US Immigration 101 course.
If you or your staff are not willing to take the time to understand the system we have, there is no place at the table for you in working toward a new one. None.
--@bostonherald didn't run an angry editorial blaming our imm. vetting processes
--No one used this tragedy to call for an end to all British immigration
--The media never used a booking photo; always images like this one to remind us of his wealth & whiteness
3/ Neil Entwistle shot his wife in the head, and then his infant daughter in the stomach as she lay sleeping in her mother's arms. He then withdrew every dollar they had and fled to London. Mass state troopers grabbed him on a tube platform.
If you're ever up for listening in on what your local Deep State is up to, may I recommend one of my favorite eateries in #Boston: the cafe in the JFK fed. building. Decent, reasonably-priced food with a nice view and plenty of space to relax while waiting for #immigrationcourt
1/ Two VA managers are having a lunch meeting nearby, talking through how to deliver faster/better services to a 94-year-old veteran & review implementation of a new process.
A USCIS officer is having a quick salad before another round of immigration interviews. In + out in 10
2/ Friends, this is your actual "Deep State."
Career public servants who take pride in keeping their agencies on mission and making the best use of tax dollars doing it, no matter the President or policies. Dedication, commitment, and institutional knowledge. We can't lose them.
Respect, support, & solidarity for anyone doing the work for the right reasons. Law students, Biglaw pro bono teams, volunteers, & especially those on the border like @ricardo_de_anda who have stepped up in a time of crisis when they were most needed.
I said some things earlier today that, while I believe they were fair comment generally, were unfair to Ricardo and the good work that he is doing. It's all too easy (esp on Twitter) to thoughtlessly criticize without listening. I regret & have removed them with an apology.
We're all being pushed harder than ever, & burnout is never far. Trump has (understandably) ratcheted up the fear, anxiety, and PTSD in/among clients, and it's all too easy to take it out on each other. Now's the time to unite & assume best intentions unless proven otherwise.
TY @reillyadam & @GreaterBoston for having me on w/@ACLU_Mass superstar Adriana Lafaille, and for getting this appalling statement from @DADanConley that my written request that they not share my client's info w/ICE was "wholly unreasonable"
Maybe *not* have a rogue, unaccountable, armed secret police force & threat of indefinite detention in a disgusting American gulag archipelago terrorizing immigrant communities in the name of enforcing civil immigration orders
BUT WE HAVE TO HAVE IMMIGRATION ENFORCEMENT
Coordinated internal immigration enforcement is a very new idea in US history. But apart from that: we've only been doing it this way for 15 years. If you are doing anything to make this model inevitable, you're on the wrong side
BPD maintains a "gang assessment database" with the Boston Region Intelligence Center, "fusion center" which combines the worst information and impulses of local, state, and federal law enforcement. Their intel on suspected gang members is... well, it's bad. It's very bad.
The database gives BPD cover to "confirm" who is a "VERIFIED & ACTIVE" gang member. It's a serious allegation, something they'd be immediately sued for publicly suggesting about a white Bostonian. But determine that someone is young, male, & Salvadoran.... and here we are:
Just try to imagine what it would be like to see that on your phone as you're getting on the bus to your second job. As you're about to take your kids to school. As you're deciding whether or not this fever has been going long enough to visit the ER.
I've been studying these social media ICE panics for awhile now. They are all either:
Yesterday #ICE physically restrained my client just outside the #EastBoston District Court clerk's office immediately after he made bail. The chief of probation said it was the first time in 40 yrs immigration authorities had actually entered the courthouse.
2/ He is 21 years old. No crim record. 1 month away from a greencard. Facing serious harm if deported.
We had done everything possible to keep him from #ICE, but even the #Boston#TrustAct could not protect him.
3/ Even when they are on a state-issued GPS bracelet, ICE officers will cut the bracelet off and toss it back onto a probation officer's desk. Even so, probation told me that they are officially "neutral" on #ICE actions. I tried to explain that there is no "neutral" here.
A) Like most federal statutes, illegal entry has *never* been criminally enforced en masse
B) Also happening to lawful asylum seekers
C) So did Paul Manafort. For doing far worse *while out on bail*
D) You are a sociopath
2/ "WE DON'T LET OTHER KINDS OF LAWBREAKERS STAY WITH THEIR CHILDREN"
A) Our carceral state imprisons everyone as the unisized solution to everything from drug addiction to homicide.
B) That's not a *good* thing
C) There are alternatives to detention
D) You are a sociopath
The horrific #Goodlatte#immigration bill soon up for debate isn't something to be "compromised" with. It's a harsh, intentional, irrevocable shift Trumpward.
Burn the ashes.
Scatter them upon the Antarctic plains.
Here are just a few of many reasons.
(1) CRIMINALIZATION of unlawful presence in the United States: White supremacy writ into law. For past 228 years, simply *being in U.S.* w/o permission was a civil offense w/no consequence other than deportation.
(NB: This was quickly rejected in 2005, but much more likely now)
(2) ONE HUNDRED THIRTY BILLION UNITED STATES TAXPAYER DOLLARS to fully militarize the Mexican border.
Even @Heritage, which otherwise mostly likes the bill, balked at this as "hard to justify." You don't say.
1/ The conditions which allowed #WhereAreTheChildren to happen were created by the Obama admin. The recent Sessions policy of separating children from parents at the border will make things even worse for one reason no one really seems to be talking about. Let's talk about it.
2/ We have all heard by now that asylum-seeking parents will be separated from their children and detained. But it gets much, much worse.
They will also be legally orphaned.
3/ Asylum-seeking families have always been processed and released together and their cases joined for review in #ImmigrationCourts. The new Sessions approach is designed to not only reverse that policy, but to inflict maximum harm in the process.
Today I prepared a beautiful 6-year-old girl in a pink hat for an #asylum interview.
ME: Do you want to go back to El Salvador?
CLIENT [eyes wide]: No!
ME: Why not?
CLIENT [looking down at table]: Because of the bad people.
She'll be deported before her 10th birthday.
That tweet above is pretty much verbatim what she'll be saying on Monday; her father will provide the rest. He'll tell the interviewer about the threats of kidnapping & murder, and what gangs do to children of people they extort if they can't escape. She will not receive asylum.
The case will be referred back to an immigration judge, who will find that she & her family have not suffered persecution based on any grounds that the law can recognize. By the time of her hearing, AG Sessions will have personally removed any doubt of the law around this point.
I am proud to announce that I have been certified "dangerous and unprofessional" by Immigration and Customs Enforcement, and I'm pleased to say that the feeling is mutual.
To be clear: the U.S. government believes it was "dangerous and unprofessional" of me to tell the story of a single mother arbitrarily detained by #ICE with no thought for her 8-year-old son, and to request support for her from my fellow citizens.
I have a problem with this.
ADDENDUM: Author requested that #ICE contact local @AILANational chapter to "share these concerns." ICE AILA liaison called later that week to inform me that #ICE believed that I was "endangering officer safety"...
...by advocating for public to call #ICE to support a client.
2/ Important context: As head of @TheJusticeDept, the Attorney General has final say over all cases before the administrative #immigration courts. AG may snatch a case away from the Board of Immigration Appeals anytime and decide it himself by directing BIA to refer it to him.
3/ Here is the 2014 BIA holding--upholding precedent from 1989--which the AG was so intent on getting to his own desk. It may not mean much to anyone who had the good sense not to go to law school, but take a shot. (No, really: *take an actual shot* and give it a try.)
1/ Trump admin is actively working to sentence ~200K innocent Salvadorans now legally in US to death. Let's talk about everything wrong with this rank @ICEgov propaganda from @CBSThisMorning & the complicity of these "journalists" in that plan. #SaveTPS
2/ Let's start with that headline. Why would a crackdown on gangs be "controversial"? Gangs are bad, and few worse than MS-13. But @CBSThisMorning doesn't address it in the story at all, leaving reasonable people to assume that there is no rational counterpoint. But there is.
3/ If you watch story closely, there are threads that an actual journalist would have not only tugged, but yanked free until something snapped. But as the anchor notes at the end, @margbrennan had "amazing access" to @ICEgov operation. Clearly that access came at a steep price.