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Matthew Kolken on Deportation And Removal

Martin O’Malley Launches Blistering Attack on "Un-American" Immigration Policies

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Governor Martin O'Malley putting principle over party.

Via the Huffington Post:

Today, yes today, the United States of America maintains the largest system of immigrant detention camps of any nation on the planet. Not North Korea, not Yemen, not the People’s Republic of China, but us. The People of the United States.

Have we not learned the lessons of our shameful internment of Japanese Americans, of Irish immigrants, of our turning away of those fleeing the Holocaust in Nazi Germany?

One year ago, the American Bar Association put forward recommendations for addressing this injustice:

1) Immediately release families held at the Berks, Dilley, and Karnes family detention facilities, cease expansion of the facilities, and do not renew their contracts for family detention;

2) Permanently abandon deterrence-based detention policies;

3) Adopt a presumption against detention and treat release into the community as the general rule, particularly in the case of families, children, and asylum seekers;

4) When release into the community alone is insufficient, employ an objective risk assessment to identify the least restrictive means of achieving the goals of ensuring appearance at hearings and protection of the community, using electronic monitoring and cash bonds only where demonstrably necessary in individual cases;

5) Establish and adhere to clear standards of care that include unique provisions for families and children that do not follow a penal model; and

6) Ensure meaningful access to legal information and representation for all families subjected to detention at every stage of their immigration proceedings.

One year later, none of these recommendations have been followed. And the internment of immigrant and refugee families continues with little to no due process.

The truth is deportation rates increase as legal representation declines. Without effective counsel, the population of the internment camps grows and expands. More and more families are interned and detained for months and months. And all of this is done in our name.

So much for staying on message.

As recently as yesterday, I reported that the Obama administration's official position is that jailing refugee children is necessary to "put teeth" in the immigration law. The teeth include clandestine midnight raids that tear children from their beds. As far as the Obama administration is concerned it makes no difference that toddlers were deported without a lawyer, because hey, their due process is over. Hillary Clinton's solution on refugee children escaping violence isn't much better. Her solution: deport them (just not too many) to "send a message."

If only there were more Democrats who stood up when Obama implemented his policies that have resulted in the ethnic cleansing of almost three million people, mostly Hispanic. You can rest assured if Obama were a Republican there would have been public outrage instead of apologetic excuses.

But thankfully, in the Democratic party, there is Martin O'Malley left to speak for me.

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Updated 05-10-2016 at 09:23 AM by MKolken


  1. Nobody's Avatar
    However, O'Malley couldn't get anywhere, even with this as a major plank of his candidacy, and if you believe any of this requires Congressional action, explain how you elect 20 more Democrats who will join on to the O'Malley platform. Clearly, President Obama isn't doing these things. We aren't even likely to get juveniles represented by government-paid attorneys in immigration proceedings. I see no path to anything like, say, undoing mandatory detention provisions or ending expedited removal.
  2. ImmigrationLawBlogs's Avatar
    It is indeed unfortunate that Democratic voters seem to be about to pick a much weaker, unreliable, and untrustworthy candidate for president than Martin O' Malley.

    But if Hillary Clinton gets the Democratic nomination, as she seems to be on track to do, does that mean that Democrats should stay home or throw away their vote on a write-in or third party candidate who has no chance of becoming president, thereby enabling a fascist takeover by Trump accompanied by borders sealed against all non-white immigrants and concentration camps (possibly with torture facilities a la Dachau or Buchenwald) for those immigrants who are already here, and their US citizen supporters?

    I, for one, do not think so.

    Roger Algase
    Attorney at Law

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