Drowned Syrian Toddler Should Prompt Look Closer To Home

Images of three-year-old Aylan Kurdi, one of at least 12 Syrians who drowned trying to flee that war-torn region, have broken through the news clutter to actually shock the world. But they should also remind us that
AP photo used in Tampa Bay Times report on 12/22/14 shows "Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas."

AP photo used in Tampa Bay Times report on 12/22/14 shows “Young detainees sleep in a holding cell on June 18, 2014, at a U.S. Customs and Border Protection processing facility in Brownsville,Texas.”

the United States has a refugee crisis of its own, and a federal judge has ordered the “family detention camps” closed later this month because they are illegal. The immigration courts are swamped, cases are backed up for years and thousands of “border kids” are in dangerous limbo.
 
To refresh your memory from when our domestic crisis was seizing the world stage, look here:
 

Obama Admin. Fighting To Keep Family Detention Centers

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says "stop separating families" during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014,  outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

As reported in Politico on 8/7/15: US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says “stop separating families” during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)

Politico and others are reporting that the Obama administration is asking a federal judge to reconsider her ruling that the U.S. must release of tens of thousands of immigrant mothers and children who tried to cross the southern border illegally. Says Politico: “… in a 60-page response filed late Thursday, Justice Department lawyers argued that family detention facilities run by the Department of Homeland Security are a necessary tool to help deter illegal migration to the United States.”
 
The judge’s order is starting to gain notice, as has the family detention issue. President Obama also finds himself at odds with his own party, according to Politico, which reports that “… detaining immigrant families caught at the border have run into steep opposition from Democrats on Capitol Hill. Nearly all members of the House Democratic Caucus signed onto a letter circulated last week by Rep. Zoe Lofgren (D-Calif.), a former immigration attorney who is the ranking member on a House subcommittee overseeing the policy.”
 
“It is long past time to end family detention,” the House Democrats wrote in the letter. “In light of this recent federal court ruling, we urge you take all necessary and appropriate steps to bring the Department’s practices in line with the settlement agreement and the recent court ruling.” Keep track of the slow-burning fuse here:

Read more: DOJ fights family detention ruling (Politico)

L.A. Times Calls Out Congress Over Immigration Court Backlog

In a major editorial, the Los Angeles Times is calling upon Congress to fix the immigration court backlog and offers some compelling numbers in the process: “… over the last 10 years, the workload of the federal immigration court system has increased by 146% to an astounding 453,948 active cases at the end of July. The average amount of time each of those cases has been pending: 627 days. Some have been lingering for years.”
 
The LAT also notes that the backlog effects are exactly what we don’t want: People who have no legal right to be in the country get lengthy reprieves simply because the judges can’t get to their cases while those with legit claims are left “twisting in the wind.”
 
The editorial says that “… the reason for the enormous backlog is clear. While the government has poured money into enhancing border security — the number of border agents has nearly doubled to 21,000 in the last decade — it has failed to similarly increase the capacity of the immigration court system that hears deportation cases. According to a recent report, immigration enforcement budgets increased 300% from 2002 through 2013, but immigration court budgets rose only 70%.
 
The immigration courts are really an international embarrassment for the United States. The LAT editorial shows just how bad it is, and why it’s likely to get worse: The immigration court backlog: Why won’t Congress act?

Judge Orders Govt. To Release Detained Kids

A federal judge in Los Angeles has given the federal government until Oct. 23 to release thousands of “border kids” seeking refuge in the United States. The Los Angeles Times explains that Judge Dolly Gee said that children should not be held for more than 72 hours unless they are a significant flight risk or a danger to themselves and others.
 
As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

The LAT story also noted that “… the case centers on 1997 legal settlement — known as the Flores agreement — that set legal requirements for the housing of children seeking asylum or in the country illegally. In July, Gee found that the government had violated that agreement; she repeated that findingFriday. Federal attorneys had argued that Gee’s initial ruling would spark another surge of illegal immigration across the U.S.-Mexico border. Gee denied the government’s request for reconsideration, equating that argument to “fearmongering.”
 
The Times feels that “… it’s likely that hundreds of immigrant families will remain locked up and in limbo as the case makes its way through the courts — possibly up to the U.S. 9th Circuit Court of Appeals.”
 

A Year Later: Obama Border Kids Processing Rush Still Claiming Victims

POLITICO has published a jarring one-year “lookback piece” on those border kids seeking refuge in the United States – you recall, the ones making headlines last summer. The report says that: “… one year later, child migrants from Central America are still paying a heavy price for President Barack Obama’s decision last summer to rush them into deportation proceedings without first taking steps to provide legal counsel. New government data this week offer a first, full-year tally for the immigration courts, and the numbers show that among the 13,451 cases completed since July 18, 2014, barely half the children had legal representation.”
 
Some local governments, including those in San Francisco and New York City, have stepped in to try to fill some of the holes but POLITICO notes that “… Republicans in Congress are refusing to provide money sought by Obama for attorneys. And a bill introduced by Rep. Hakeem Jeffries (D-N.Y.) in March to require the Justice Department to appoint counsel remains buried in the House Judiciary Committee. The political stalemate in Washington has driven constitutional appeals to the federal courts, but thus far, these have produced more promises than real relief.
 
Indeed, says POLITICO, “… after all of the public furor over the border surge last summer, the children seem to have dropped off the political map.”
 

At $3-per-day, immigrants detained by U.S. keep detention centers going

The Los Angeles Times has another story raising questions about how the government goes about detaining would-be immigrants at for-profit detention centers. The report notes that immigrants are allowed to “volunteer” to work, doing chores like landscaping, cleaning and cooking. The reporter talks with a mother who fled Honduras in September with her 11-year-old son and ended up at a family detention center in rural Texas.

“I worked immediately,” the 36-year-old mother said. “In order to have something to eat, to buy treats for my son.” The LAT says the woman “… cleaned bathrooms, hallways and other areas of the government-contracted detention center for $3 a day. At the commissary, a bag of potato chips cost $4, bottled water $2. The facility in Karnes City is run by Geo Group, the country’s second-largest prison company.

“It’s ironic — it’s illegal for them to work, but they’re working for the immigration service in a sense,” says Mark Krikorian, executive director of the Center for Immigration Studies, a conservative think tank in Washington. An ACLU source in the report uses another word for the practice: slavery.

Read the LAT story here.

Federal Judge Ready To Close 3 Immigration Detention Centers

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

A federal judge is poised to order immigration authorities to close three family detention centers housing some 1,700 people awaiting decisions on their stay-or-go arguments. Dolly Gee, a U.S. District judge in Southern California, ruled that federal authorities have violated key provisions of an 18-year-old court settlement that placed restrictions on detention of migrant children.
 
The Los Angeles Times notes that “…  The ruling, released late Friday, is another blow to President Obama’s immigration policies and leaves questions about what the U.S. will do with the large number of children and parents who crossed the border from Latin America last year.”
 
Judge Gee blasted the government and the conditions at both the detention centers (two in Texas and one in Pennsylvania) as she gave the government until Aug. 3 to explain why an order she plans to issue should not be implemented within 90 days. Read the LAT report here:
 

Public Interest Attorney Notes Amicus Role For Immigration

Writing for the “Above The Law” website, attorney Sam Wright makes a case for increasing the role that amicus briefs might play for immigration court policies. Sam Wright, described as “a dyed-in-the-wool, bleeding-heart public interest lawyer,” focuses on the specific case of Cristoval Silva-Trevino, the subject of a Texas-based case with national implications.

A federal circuit court recently issued the latest guidelines in a years-long struggle over the case, but Wright makes the point that amicus briefs played an important role. For example, the Southern Poverty Law Center offered its opinion, along with another organization that the Center considers a hate-associated group.

See how it plays out, read here.

AP Tells Of ‘Border Kids’ Trapped In Immigration Court Hell

1-year-old Joshua Tinoco faces deportation. Photo from Associated Press report, 7/4/15.

1-year-old Joshua Tinoco faces deportation. Photo from Associated Press report, 7/4/15.

The Associated Press reports on 1-year-old Joshua Tinoco, who pauses while playing at his relative’s home in Los Angeles. Writing from Los Angeles, Amy Taxin tells the story of a 1-year-old facing deportation even as his mother is allowed to stay.

Taxin writes that “… at a brief hearing, a government lawyer tells the teenage mother that her son is an immigration enforcement priority for the United States and should be sent back to his native Honduras even though she is being allowed to stay and seek a green card.”

The story goes behind the numbers to outline human conditions. It also reminds us of some staggering numbers: More than 57,000 unaccompanied children from El Salvador, Guatemala and Honduras arrived on the border in the last fiscal year, and since then another 18,000, government statistics show. Immigration courts have fast-tracked the cases in a bid to stem a growing backlog.

It’s an AP story, and they have legs. Let’s hope this one gets around.

California, Texas Lead In Immigration Court Delays

It may the one of the few places where Texas does not mind being second to California: immigration case backlog. A Houston Chronicle newspaper report notes that  “… the stack of cases at Texas’ overburdened immigration courts grew by nearly 60 percent since October 2013, bringing the state’s pending cases to a record high of nearly 77,000, making it the largest backlog in the country after California.”
 
The delays are truly staggering, especially for younger people. The Chronicle says “… nationwide it now takes an average of 604 days to process an immigration case, according to an analysis of federal data through April by Syracuse University’s Transactional Records Access Clearinghouse. In Houston, where the pending case load grew by 13 percent from late 2013 to nearly 32,000 so far this year, the highest in the state, the delay is 636 days.”
 
That’s to be “processed.” Some cases are taking five years to resolve. The HC explained that “… the long overburdened and underfunded immigration court system has been further overwhelmed by the influx of more than 67,000 unaccompanied Central American children who streamed across the Southwest border in 2014. In response, the Obama administration prioritized their cases and those of other migrants who arrived here last year to deter more from coming.” That means folks waiting years for a day in court might have to wait years longer.
 
(Immigration courts are not criminal courts, but rather an administrative function of the Justice Department and are considered civil cases.) Read more here.