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  1. Trump Signs Executive Order on Family Separation

    by , 06-20-2018 at 03:13 PM (Matthew Kolken on Deportation And Removal)
    Affording Congress an Opportunity to Address Family Separation

    By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., it is hereby ordered as follows:

    Section
    1. Policy. It is the policy of this Administration to rigorously enforce our immigration laws. Under our laws, the only legal way for an alien to enter this country is at a designated port of entry at an appropriate time. When an alien enters or attempts to enter the country anywhere else, that alien has committed at least the crime of improper entry and is subject to a fine or imprisonment under section 1325(a) of title 8, United States Code. This Administration will initiate proceedings to enforce this and other criminal provisions of the INA until and unless Congress directs otherwise. It is also the policy of this Administration to maintain family unity, including by detaining alien families together where appropriate and consistent with law and available resources. It is unfortunate that Congressís failure to act and court orders have put the Administration in the position of separating alien families to effectively enforce the law.


    Sec
    . 2. Definitions. For purposes of this order, the following definitions apply:


    (a) ďAlien familyĒ means

    (i) any person not a citizen or national of the United States who has not been admitted into, or is not authorized to enter or remain in, the United States, who entered this country with an alien child or alien children at or between designated ports of entry and who was detained; and
    (ii) that personís alien child or alien children.
    (b) ďAlien childĒ means any person not a citizen or national of the United States who
    (i) has not been admitted into, or is not authorized to enter or remain in, the United States;
    (ii) is under the age of 18; and
    (iii) has a legal parent-child relationship to an alien who entered the United States with the alien child at or between designated ports of entry and who was detained.

    Sec
    . 3. Temporary Detention Policy for Families Entering this Country Illegally.

    (a) The Secretary of Homeland Security (Secretary), shall, to the extent permitted by law and subject to the availability of appropriations, maintain custody of alien families during the pendency of any criminal improper entry or immigration proceedings involving their members.

    (b) The Secretary shall not, however, detain an alien family together when there is a concern that detention of an alien child with the childís alien parent would pose a risk to the childís welfare.
    (c) The Secretary of Defense shall take all legally available measures to provide to the Secretary, upon request, any existing facilities available for the housing and care of alien families, and shall construct such facilities if necessary and consistent with law. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
    (d) Heads of executive departments and agencies shall, to the extent consistent with law, make available to the Secretary, for the housing and care of alien families pending court proceedings for improper entry, any facilities that are appropriate for such purposes. The Secretary, to the extent permitted by law, shall be responsible for reimbursement for the use of these facilities.
    (e) The Attorney General shall promptly file a request with the U.S. District Court for the Central District of California to modify the Settlement Agreement in Flores v. Sessions, CV 85-4544 (ďFlores settlementĒ), in a manner that would permit the Secretary, under present resource constraints, to detain alien families together throughout the pendency of criminal proceedings for improper entry or any removal or other immigration proceedings.

    Sec
    . 4. Prioritization of Immigration Proceedings Involving Alien Families. The Attorney General shall, to the extent practicable, prioritize the adjudication of cases involving detained families.


    Sec
    . 5. General Provisions.

    (a) Nothing in this order shall be construed to impair or otherwise affect:

    (i) the authority granted by law to an executive department or agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
    (b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
    (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


    DONALD J. TRUMP
    THE WHITE HOUSE,
    June 20, 2018.
  2. My Op Ed Published in the Guardian

    by , 06-20-2018 at 09:05 AM (Matthew Kolken on Deportation And Removal)
    According to a report by the Daily Beast, the US federal government has engaged the services of the defense industry to facilitate its strategy of tearing migrant children from the arms of their mothers as a deterrent to improper entry to country. Defense contractorsí intended role in this madness? Childcare providers.

    I took the opportunity to review the website of one such contractor, Virginia-based MVM, Inc. The website includes an impressive list of services and expertise Ė not including child care. As an immigration lawyer who frequently represents unaccompanied minors in immigration court, and as a father of two, I find it unconscionable that an industry that principally serves the needs of the military and federal law enforcement agencies would be charged with overseeing the health and wellbeing of children.

    Click here to read my full op-ed.
  3. 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

  4. An alternative to Trumpís family separation policy. By Nolan Rappaport


    © Getty Images

    On April 6, 2018, Attorney General Jeff Sessions notified the U.S. Attorneyís Offices along the Southwest Border of a new ďzero-tolerance policyĒ 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.

    Sessionsí 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 ó Rosalynn Carter, Hillary Clinton, Laura Bush, and Michelle Obama ó have condemned the Trump administration's practice of separating parents and children at the border.

    Even President Trumpís 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.




  5. 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

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