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  1. GovTrac.us summarizes six proposals to end the separation of families immigrating illegally at the border.

    In May, the Trump Administration began a new zero-tolerance policy that is separating families at the border when they attempt to illegally immigrate to the United States. Six proposals are now before Congress to end this practice.

    The proposals take aim at ending the Administration’s actions from very different angles. That reflects the complex legal situation playing out. Although the Trump Administration has not ordered the separation of children from their families, the separation is a known, inevitable consequence of existing law that prohibits children from being detained by the Department of Homeland Security in federal prisonin this case, when their parents are detained for prosecution under the zero-tolerance policy.

    Here’s a quick summary of each proposal:


    • The simplest proposal is the Keep Families Together Act [S. 3036], which would prohibit the separation of children from their families at the border. It doesn’t specify what to do insteadthat would be left up to the Administrationbut some form of Catch and Release might be the only legal option available. The bill would also require information be given to parents on how to locate, and monthly updates about, their children. This is Sen. Dianne Feinstein’s proposal, and all Senate Democrats have signed on as cosponsors. For more, see our extended summary of the Keep Families Together Act.



    • Sen. Ted Cruz’s Protect Kids and Parents Act goes further. The bill would require that families be detained together. It would also speed up the judicial process by doubling the number of immigration judges available to hear cases and limit the duration of asylum review cases, and it would require that written guidance be given to asylum applications on how to locate separated children. For more, see our extended summary of the Protect Kids and Parents Act.



    Read more at https://govtrackinsider.com/six-prop...e-153900120e86


    Posted by Nolan Rappaport

    Updated 06-20-2018 at 05:20 PM by ImmigrationLawBlogs

  2. Attacking Immigrants and Democracy, Trump Blasts Immigration Judges And Rule of Law; Claims Separated Children's Supporters Back MS-13. Roger Algase

    On June 19, Donald Trump showed yet again that his attacks on non-European immigrants are also attacks on democracy itself. While comparisons with Adolf Hitler must always be made with great caution and qualification, since Trump is not in the least antisemitic and is just as opposed to the idea of mass murder and genocide as everyone else, his attacks on immigrants are increasingly being combined with attacks on our entire democratic system, just as Hitler's attacks on the Jews led to the destruction of democracy in Germany.

    In ranting remarks before the National Federation of Independent Businesses, Trump attacked not only judges, the media and his political opponents, but anyone who disagrees with his brutal child separation policy or anti-immigrant policies in general, as in effect supporting MS-13 gang killings of American children. The following extracts from his speech, taken from the official White House transcript, are clearly not the words of someone who believes in or supports the democratic institutions on which America is based.

    They are the words of a dictator, someone who is making a claim to absolute power. The full transcript is available at:

    https://www.whitehouse.gov/briefings...y-celebration/

    Here are a couple of samples from Trump's speech:

    "They're [Trump's child separation policy media critics] fake...they are helping those smugglers and those traffickers like nobody would believe...they know exactly what they're doing and it should be stopped...And frankly, they endanger all of our children."

    Trump then tried to conflate the child separation issue with allegedly helping MS-13:

    "You see what happens with MS-13 where your sons and daughters are attacked violently...And we're allowing these people into our country? Not with me."

    He then explained what kind of due process, legal justice system and rule of law he would like to see in deportation proceedings:

    ​"We don't want judges, we want security on the border. We don't want people coming in..."

    And then the punch lines:

    "And it got so crazy that all these thousands - we now have thousands of judges - border judges - thousands and thousands. And by the way, when we release the people they never come back to the judge anyway. They're gone. They're in your system. That's it. If they're good, that's great. And if they're bad, you'll have killings, you'll have murders...You'll have crime."

    What is Trump saying above, thrown in with his delusional fantasies about "thousands and thousands" of border judges, with the obvious implication that not only immigration judges, but judges in general are useless, a waste of time, and have no place in his vision for America?

    He is saying, without any doubt, that immigrants who show up at the US border seeking asylum are dangerous criminals, the worst of the worst, and deserve, not due process of law, but barbaric separation from their children.

    How is this consistent with America's deepesy values of democracy, the rule of law and the most elementary human right of keeping parents and children together?

    Now we know what Donald Trump meant what he said when he recently called Central American immigrants "animals". This is obviously the way he looks at them and this is how he is treating them.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-20-2018 at 02:28 PM by ImmigrationLawBlogs

  3. An alternative to Trump’s family separation policy. By Nolan Rappaport


    © Getty Images

    On April 6, 2018, Attorney General Jeff Sessions notified the U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” towards illegal entries into the United States.

    According to Sessions, the situation at the border had become unacceptable. Illegal border crossings had increased by 203 percent from March 2017 to March 2018.

    He directed the U.S. attorneys in those offices to prosecute all referrals of offenses for an illegal entry, to the extent practicable.

    Entry without inspection is a serious crime. For the first commission of such an offense, the punishment is a fine or imprisoned for not more than 6 months, or both, and, for a subsequent offense, a fine or imprisoned for not more than 2 years, or both.

    Sessions’ zero-tolerance policy has resulted in the separation of children from parents who are prosecuted for an illegal entry. DHS officials recently reported that 1,995 children had been separated from their parents over the six-week period from April 19 to May 31.

    All four living former first ladies — Rosalynn Carter, Hillary Clinton, Laura Bush, and Michelle Obama — have condemned the Trump administration's practice of separating parents and children at the border.

    Even President Trump’s first lady, Melania Trump, has said that she hates to see children separated from their families. Her communications director, Stephanie Grisham, told CNN on Sunday. "She believes we need to be a country that follows all laws, but also a country that governs with heart."
    What happens to the child of a parent who has been referred for criminal prosecution for making an illegal entry?

    Read more at http://thehill.com/opinion/immigrati...aration-policy

    Published originally on The Hill.

    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years.




  4. Trump-Friendly HLS Prof. Dershowitz Blasts Child Separation; DHS Chief's Memo Defends Policy With Lie Recalling Auschwitz Sign. Roger Algase

    Renowned Harvard Law School Professor Alan Dershowitz, who has been a staunch Trump defender in connection with the investigation by Special Counsel Robert Mueller into alleged collusion with Russia by high-ranking members of Trump's presidential campaign staff, if not Trump himself, has made a direct plea to Trump on Fox News to end his child separation policy:

    Here is what Dershowitz had to say to Trump, as reported in The Hill in June 18:

    President Trump, you know I've been defending your civil liberties and will continue to do so on this show, but you have to end this policy of separating parents from children...Not because of the parents, but because of the children. It imposes a trauma on the children."

    http://thehill.com/blogs/blog-briefi...nt-families-at

    While Trump, Sessions, and the DHS have tried to defend this barbaric and inhuman policy on the grounds that, in effect, the parents are criminals because they cross the border illegally and therefore deserve to be prosecuted, they never say anything about the children, who are too young to be criminals, cannot be prosecuted for any crime and are clearly not responsible for the parents' decision to bring them to the United States.

    Yet, as Dershowitz points out, these innocent children are now being made to suffer even more than the parents.

    Meanwhile, a June 18 DHS memo on family separation shows that it must be hard to be a high official in the Trump administration who is, evidently, being forced to lie about a major policy issue to keep one's job.

    In her so-called "Myth vs. Fact memo, DHS Chief Kirstjen Nielsen states:

    "DHS does not have a blanket policy of separating families at the border" but this only happens if "an adult is referred for criminal prosecution."

    http://discuss.ilw.com/content.php?9810

    She conveniently leaves out the fact that under the new Trump-Sessions zero-tolerance policy, 100 percent of adults who cross at unauthorized border points are now being referred for criminal prosecution!

    If this isn't a "blanket policy" of separating families at the border, what it? Nielsen would have a hard time explaining to the parents of the 2,000 children, including a breastfeeding baby, who have been forcibly torn away from their parents at the border in just the last few weeks that there is no blanket DHS policy of family separation.

    True, as Nielsen has also pointed out, parents who present themselves at authorized border crossing points are, at least in theory, not being prosecuted or separated from their children. There is only one problem with this - the authorized border crossing points have been closed against asylum seeking families as being "too full".

    As a practical matter, therefore, there are no border crossing points where parents can present themselves without being prosecuted and having their children torn away to places unknown without having any idea when they will see their children again.

    To be sure, in the same Fox News interview, Professor Dershowitz also criticized people who compare Trump's family separation policy to the horrors of Auschwitz or the Nazi holocaust in general. I have always been very careful to point out the comparisons between Trump and Hitler and the Nazis must be used with extreme care, and that Trump's border policies are light years away from the unimaginable horrors of Auschwitz where 2 million Jews and other people whom the Nazis didn't want around were brutally murdered.

    But the fact that a particular white supremacist immigration policy of the Trump-Sessions-Miller administration isn't as terrible as Auschwitz was is, as I sure everyone will agree, a pretty low bar for deciding if it meets the basic standards of humanity. Family separation, clearly does not.

    Also, with all due respect to both Professor Dershowitz and Secretary Nielsen, there is one uncomfortable resemblance between her DHS memo and Auschwitz. As almost everyone who has ever heard about the Holocaust knows, there was a big sign right at the entrance to Auschwitz with the words:

    Arbeit Macht Frei - literally: "Work Makes Free"

    Of course no one was ever made free at Auschwitz through work or anything else except death, until the camp was finally liberated by allied troops.

    The Auschwitz sign has therefore forever become a symbol of the Nazis' capacity to lie. The Trump administration has now issued a statement which, while certainly nowhere near as horrific as Auschwitz, is also a bald-faced out and out lie. Here it is again - on page 1 of the DHS memo:

    "DHS does not have a blanket policy of separating families at the border."


    Roger Algase
    Attorney at Law
    algaselex@gmail.com




    Updated 06-19-2018 at 09:27 AM by ImmigrationLawBlogs

  5. Melania Trump, Laura Bush Join Officials, Clergy in Condemning Family Separation. Could Trump's Terror Against Children Lead to Fascism? Roger Algase

    The following has been revised and updated as of June 18 at 11:02 am:

    Writer and commentator Michelle Goldberg, writing in the New York Times on June 11, warns that the inhumanity of Donald Trump's family separation policies, which are meant to terrify non-white immigrants from Central America out of exercising their legal right to apply for asylum by showing up at the US border under a 2008 statute, are more than just horrifying cruel immigration policies, which began with the Obama administration, and which, in one form or another, have been part of US treatment of various immigrant minorities since the time of the Chinese exclusion laws.

    More than that, when used by a president who has shown pronounced authoritarian tendencies from the start of his campaign and throughout his term in office so far; who recently lavished praise on the world's most brutal dictator, Kim Kong Un, and who joked (?) that he would like to see Americans sit up at attention when he speaks the way North Koreans are forced to do when their perpetrator of horrific crimes against humanity does, Donald Trump's use of state terror against (to date) 2,000 innocent immigrant children, is more than just an outrage used to deter immigration by people who are not from "Countries like Norway", to quote Trump's notorious January 11 statement at a White House meeting.

    It could be the prelude to fascist rule in America. Indeed, according to Goldberg, in this instance, fascism is already alive and well in America's immigration system. How much longer will be before it spreads to the rest of American government and society as well?

    Goldberg writes in her article:

    First They Came for the Migrants:

    https://www.nytimes.com/2018/06/11/o...eparation.html

    We still talk about fascism as a looming threat, something that could happen if we're not vigilant. But for undocumented immigrants, it's already here."

    She also writes:

    "The human consequences [of separating children from their parents] have been horrific...The Washington Post reported that Marco Antonio Munoz. a 30-year old who is also from Honduras, killed himself in a padded cell after his 3-year old was wrenched from his arms...

    ...Pramila Jayapal, a Democratic congresswoman from Washington State, recently met with migrant women being held in a federal prison, many of whom, she said, were forcibly separated from children as young as 1. Some had their kids physically torn from them. Others were told they had to go have their photograph taken; when they returned, their children were gone.

    In some cases, Jayapal said, the women could hear their kids screaming in the next room.'Many of them were told by Border Patrol that they would never see their children again,' she told me."

    To be sure, Donald Trump's detention facilities for immigrants, and their children, who happen to have the "wrong" skin color do not come complete with gas chambers and ovens, and Trump's mass exclusion and expulsion immigration agenda is light years away from Hitler's genocide.

    But we have to ask ourselves in good conscience: which place does tearing screaming young children away from their parents and telling the parents that they will never see their children again resemble more - America or Auschwitz, which a former CIA head has compared Trump's family separation agenda to (see below)?

    Everyone who is concerned about where Trump's demonization of Latin American, Muslim, African, Asian and other non-white immigrants, legal and undocumented, and his attempts to make our immigration system as white as it was under the 1924 immigration act which AG Jeff Sessions, (who is now overseeing the persecution of Central American immigrants at the border), praised so highly as a Senator only three years ago, are leading America, should read Goldberg's article in full.

    Meanwhile, Melania Trump is no longer the only first Lady who has spoken out in horror against Donald Trump's child separation policy. Late on June 17, Laura Bush published a Washington Post oped denouncing this action as "cruel" and "immoral" She also compared it to the interment of Japanese-Americans during WW2.

    http://thehill.com/blogs/blog-briefi...icy-as-immoral

    The Guardian also reports that the Border Patrol agency is now actually holding detained immigrants children in cages! including both children who have been separated and those being held together with their families.

    https://www.theguardian.com/us-news/...lding-facility

    The storm of outrage and anger over Trump's barbaric family separation policy at the US border as a means of state terror and vindictiveness against Central American families who try to pursue their legal right to apply for asylum at the US border continues to grow.

    General Michael Hayden, a former CIA chief, has compared Trump's child separation policy to what the Nazis did at Auschwitz.

    http://www.dailymail.co.uk/news/arti...i-Germany.html

    Admittedly this comparison may be somewhat extreme, because Trump obviously does not even remotely contemplate instituting gas chambers or mass murder.

    But Trump's child separation policy involves the same kind of dehumanization of a targeted population that, in the case of the Nazis, ultimately led to the horrors of the concentration camps and death camps.

    Nor is it an accident that Trump not only pardoned, but has consistently praised and endorsed former Arizona sheriff Joe Arpaio, who has bragged about holding Latino immigrants in concentration camp like conditions.

    A comparison of Trump's hideously brutal and sadistic child separation policy to Auschwitz certainly goes too far, but it contains at least a germ of truth. Even that one germ of truth should be saddening, and frightening, for all Americans.

    Trump and Jeff Sessions, his chief accomplice in instituting this inhuman policy of deliberately causing as much mental torment as possible to the asylum-seeking parents and their terrified, in some cases still infant children, are attempting to defend the policy by claiming that they are just following the law.

    Not so, says ABA President Hilarie Bass in a May 30 statement, which includes the following:

    "Separating children from their parents not only violates due process, it is antithetical to the very human values on which this country was founded and sets a terrible example for the rest of the world. It should be stopped immediately."

    https://www.americanbar.org/news/aba...f_hilarie.html

    And amid the growing anger and condemnation coming from America's religious leaders across a wide range of faiths, the following joint statement by the Revs. William J. Barber II, a North Carolina pastor and Liz Theoharis, a Presbyterian minister from New York, stands out. Referring to Sessions' use of a Bible quote to try to defend his policy, they said:

    "...any politician who supports his position is an accessory to these crimes against children and humanity."

    http://www.latimes.com/nation/la-na-...615-story.html

    But arguably the most damning criticism of all of Trump's inhumanity, even though, for obvious reasons, it was couched in gentler language than the above, came from Trump's own wife Melania Trump.

    This is her statement, as reported on June 17:

    "Mrs. Trump hates to see children separated from their families...She believes we need to be a country that follows all laws, but also a country that governs with heart."

    https://www.cnn.com/2018/06/17/polit...ion/index.html

    Though the above is politely phrased, it is obvious that America's First Lady is here accusing her own husband, the president of the United States, of pursuing a heartless policy. Has anything like this ever happened before in American history?

    However, in one very fundamental respect, the deliberate cruelty that Trump is showing toward children whose ethnicity and skin color does not fit in with his own vision of what America should look like is far from being new in this country's history. I will have more to say about this in my next comment on this topic.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 06-18-2018 at 01:25 PM by ImmigrationLawBlogs

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