Border Kids

Amid Gridlock, California Comes To Border Kids Representation Rescue

September 29, 2014 By CCM Staff

The U.S. Congress inactive due to gridlock and campaign season. President Obama inactive, while cynically delaying action until after November’s midterm voting. The Justice Department relatively inactive over the very immigration court system it manages as the U.S. attorney general resigns. But the state of California is stepping up, setting aside $3 million for immediate legal assistance to the tens of thousands of Central American children showing up to see refuge in the United States.

Gov. Brown signed the law over the weekend and it includes assistance to keep some students in school who “defied” authority. In a Los Angeles Times story, state Sen. Ricardo Lara (D-Bell Gardens), who backed the measure, said that “… the $3 million to help the immigrant children, said, will provide due process in the United States that will rescue some of them from the “virtual death sentence” they would face if deported to unsafe home countries.” Later, she added in a statement that “… with the stroke of a pen, Governor Brown reaffirmed California’s commitment to doing its part to address the unprecedented humanitarian crisis at [the] border involving Central American youth.”

Read the Times story, which also covers other legislation signed ahead of Tuesday’s end-of-month deadline, here: Gov. Brown signs bills aiding immigrant children, troubled students

Filed Under: Border Kids, Community, Courts Budget, Refugee Children Tagged With: border children, border crisis, Border Kids, California Budget, california courts, civil court, Department of Justice, detention, Gov. Jerry Brown, Homeland Security, ICE, immigration, immigration reform, refugee children, Superior Court

A.G. Holder Exiting Amid ‘Unfinished’ Work With Immigration Courts

September 26, 2014 By CCM Staff

While praising his actions to bring the first Justice Department action against states over immigration laws, a leading immigration activist says U.S. Attorney General Eric Holder – or his replacement – has work to do on the nation’s immigration courts. The civil immigration system is operated by Holder’s Justice Department, and the judges are Justice Department employees.

The ongoing immigration court crisis, with its 400,000-case backlog and fast-tracking of suddenly high-profile Central American children seeking entry to the United States, is not gaining widespread coverage as news organizations ponder the Holder legacy. But Marielena Hincapié, director of the National Immigration Law Center, noted the issue after first praising the A.G. for “helping to establish immigration as an important area of civil rights.”

She told The Washington Post that “… we really saw an attorney general and a department of justice that was willing to lead on these issues and to take risky moves.” But, the Post added, “… yet she added that Holder (or his successor) still has some important unfinished business with regard to the country’s immigration courts, which are overseen by the Justice Department and are overwhelmed with cases.”

Read the WaPo’s story here: Here’s a look at the most important moments in Eric Holder’s tenure

Filed Under: Border Kids, Community, Courts Budget Tagged With: access to justice, court backlog, court budget, court cutbacks, DOJ, Eric Holder, immigration, immigration reform, Justice Department

Immigration Court Rationing Retains Attention

September 19, 2014 By CCM Staff

The “Border Kid” refugee/immigration crisis continues to gain attention, with media coverage moving away from the sheer numbers (nearly 400,000 cases pending, for example) into the human interest stories. A good case in point is a Daily Beast online report from the New York immigration court. New York City, like San Francisco, is providing some legal representation assistance for the kids, which assists an array of non-profit and religious groups offering some assistance. But the DB points out that New York is second only to Texas in how many cases it must accept in the new “rocket docket” policy for the children.

The DB also notes that “… the U.S. government is not legally required to provide a lawyer for people going through immigration proceedings—even for young kids. So New York-based advocacy groups like the Safe Passage Project, The Door, the Legal Aid Society, Catholic Charities and the American Immigration Lawyers Association have sprung into action, rallying volunteers, interpreters and pro bono attorneys in a joint effort to help guide the Border Kids through the complex and confusing world of immigration court.”

The volume is staggering, with lawyers being given weeks to prepare cases they feel should take months. Read the report from the courthouse here: The Border Kid Crisis Hits the Courts

Filed Under: Border Kids, Community, Courts Budget Tagged With: access to justice, American Immigration Lawyers Association, Border Kids, Catholic Charities, immigration, immigration crisis, immigration reform, justice denied, Justice Rationing, Legal Aid Society, refugee children, Safe Passage Project

Report: Immigration Wait For Non-Detained Average 900 Days

September 17, 2014 By CCM Staff

Hearst News is reporting that “… non-detained immigrants now face an average 900-day wait for their cases to be resolved in the country’s immigration courts, according to an official in the Executive Office for Immigration Review.” That is even higher than the previous average time of 520 days, which was based on data gathered by the Transactional Records Access Clearinghouse [TRAC] at Syracuse University and included some cases where people were detained in federal custody.

“Detained cases, they try to move more quickly,” TRAC Research Center director Susan Long told Hearst. “Secondly, most of those don’t have attorneys, and therefore they get deported. Removal decisions move much more quickly than any one that has an application for relief.

The story also noted that “… nationally, as of Sept. 30, 2013, EOIR had 350,330 pending cases. That’s up 56 percent from the 223,707 cases pending on Sept. 30, 2009. Between 2009 and the start of the influx of unaccompanied minors from Central America at the U.S.-Mexico border earlier this year, the number of new cases received in immigration courts actually was in decline, EOIR’s statistics show.”

Read the story here.

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: access to justice, Courts, detainee, Hearst, immigration, immigration law, immigration reform, legal advocacy, non-detainee

Immigration ‘Rocket Docket’ Raises Ire In S.F.

September 8, 2014 By CCM Staff

Local officials in San Francisco are raising issues with the Department of Justice “rocket docket” for unaccompanied Central American minors who were caught or surrendered to authorities at the U.S. border. The San Francisco Bay Guardian newspaper is reporting that courts are now “… cramming through as many as 50 cases daily.”

“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.”

At the Sept. 2 Board of Supervisor’s meeting, one county official proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area. “Under international law, many of these kids would actually qualify as refugees,” said the official. “And many of them have cases that would allow them to be protected by immigration law in the US…”

Read the story here: Kids pushed through immigration court at lightning speed while supes debate legal aid funding | SF Politics

Filed Under: Border Kids, Community, Courts Budget, National, Refugee Children Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, Rocket Docket, San Francisco, Seatlle, US Justice Department

S.F. Stepping Up In Border-Child Crisis

September 5, 2014 By CCM Staff

Citing its tradition of being a “Sanctuary City” for immigration, documented or not, San Francisco has become the first California city to provide funding for attorneys representing immigrants facing deportation. The money will go through the nonprofit Lawyer’s Committee for Civil Rights. It’s an important move, in part, because government funding including most federal programs cannot pay for representing immigrants in deportation situations.

Terry Collins of the Associated Press reported that “.. since January, nearly 200 children in San Francisco who entered the country unaccompanied by an adult now have adult sponsors and cases pending in immigration court, the U.S. Health and Human Services Department reported… advocates believe there are hundreds more children who have sought refuge in the city without a sponsor, officials added.”

The AP report also noted that “… the U.S. Justice Department has ordered immigration courts to make cases involving unaccompanied minors entering the country a priority. California has the largest backlog of immigration court cases, followed by Texas and New York, according to the Transactional Records Access Clearinghouse at Syracuse University. While San Francisco is the first Golden State city to offer attorney-focused assistance, the city of New York has a similar program and the state of California is spending several million dollars on the issue.

Filed Under: Border Kids, Community, Courts Budget Tagged With: border crisis, budget cuts, california courts, civil court, court backlog, DOJ, immigration, immigration crisis, immigration reform, refugee children, San Francisco, US Justice Department

Writer Calls Out U.S. Policy On Border-Children Crisis

August 29, 2014 By CCM Staff

The writer Ruben Navarrette is citing MLK and Democratic governors in a new CNN piece that also says the Obama Administration is misleading the public about what is actually happening to unaccompanied Central American children seeking refuge in the United States.

Navarette, who is also a Daily Beast online columnist and syndicated nationally via the Washington Post Writers Group, begins by citing the civil rights icon: “In his epic ‘Letter from the Birmingham Jail,’ the Rev. Martin Luther King Jr. observed that ‘justice too long delayed is justice denied.’ But now that the Obama administration is fast-tracking the deportation of thousands of undocumented minors, perhaps hoping to get rid of them before the November elections, it’s clear that expedited justice is just as bad.”

The writer adds that, “… despite the President’s claim that there is no rush in returning the children and due process would be preserved, the reality is much different. Kids are given court dates they can’t possibly be expected to make — often in another state. Many don’t have lawyers. Deportation cases are being rushed through the pipeline.”

He also suggests that the crisis might become a 2016 presidential election issue, noting that “… Maryland Gov. Martin O’Malley, a possible contender for the Democratic nomination in 2016, warned that the administration was giving the migrant children death sentences. O’Malley told a gathering of the National Governors Association in Nashville, Tennessee: ‘We are not a country that should turn children away and send them back to certain death.'”

It is one of the strongest indictments yet of how the U.S. is handling the crisis, and you can read it at CNN here: Fast-tracking children to possible death

Filed Under: Border Kids, Community, Courts Budget, Refugee Children Tagged With: 2014 election, access to justice, Civil Courts, CNN, court rationing, election, immigration, immigration reform, midterm elections, Obama, refugee children, refugee kids

New WaPo Series Hits Immigration Issue

August 18, 2014 By CCM Staff

A new Washington Post newspaper series, “Storyline,” has come out swinging on the ethnic pressures behind how non-Hispanic white Americans feel about immigration. Even the paper’s sub-headline notes that “it’s not pretty.” The series, which hopes to use polling data to explain how policy affects public opinion “… and the other way around,” gets deeply into the race card.

Reports the WaPo: “Whites who read a negative story featuring an Hispanic immigrant had a strong political reaction. In addition to higher opposition to immigration, they became more supportive of an ‘English-only’ law, asked for more information about the issue and were more apt to send an e-mail to their congressional representative advocating reduced immigration levels when asked in the survey… Negative news about a Russian immigrant had little impact on political motivation.”

Read it and weep here: The data on white anxiety over Hispanic immigration

Filed Under: Border Kids, Community, Courts Budget Tagged With: Hispanic, immigration, immigration reform, racism, Washington Post

D.C. And L.A. Getting More ‘Border Children’

August 8, 2014 By CCM Staff

The Los Angeles Times is breaking down where the children caught illegally crossing the border are going, noting that cities like Washington with large populations from the originating countries are getting the most newcomers. The Times says reports that D.C. “… is home to an estimated 165,000 Salvadoran immigrants, the nation’s second-largest population after the Los Angeles area’s 275,000, according to the Migration Policy Institute. The capital region had 42,000 immigrants from Guatemala and 30,000 from Honduras.”

The U.S. Department of Health and Human Services’ Administration for Children and Families reports that 2,234 unaccompanied minors were released to sponsors in Virginia between Jan. 1 and July 7, ranking the state fifth after Texas, New York, Florida and California. It’s not noted in the story, but those numbers are expected to accelerate as tens of thousands of children being held are processed into the Immigration Court system.

Read the report here: Amid border crisis debate, many new immigrants land in D.C. area

Filed Under: Border Kids, Community, Courts Budget, National Tagged With: border crisis, california courts, Civil Courts, court backlog, refugee children, refugee kids, Unaccompanied Children

Border Cases Expedited Over Backlog

August 7, 2014 By CCM Staff

The tens of thousands of “border children” immigration cases are being moved to the front of the line in immigration courts, often moving ahead of people who have waited for years to have their day in court, says a Sacramento Bee newspaper report. The story follows a San Francisco immigration court where two judges were assigned “special dockets.”

“The border surge cases are now getting top billing on our dockets, and this immigration court has already been resource-deprived to the point of being anorexic,” said one of the judge quoted in the report. That judge had 2,482 cases on her docket July 25, before the surge of cases began arriving.

The flood of new cases is straining a court that was already overtaxed before tens of thousands of children started crossing illegally into the United States, says the report.

See the story here.