U.S. Dodges International Move To Free Refugee Children

22 women who are being held at Berks County Residential Residential Center started a hunger stike on August 8. They are asking to be released from detention as their cases for asylum move through the courts. Credit: Valeria Fernández/PRI

22 women who are being held at Berks County Residential Residential Center started a hunger stike on August 8. They are asking to be released from detention as their cases for asylum move through the courts. Credit: Valeria Fernández/PRI

The New York Times coverage of this week’s United Nations discussion about refugees, which includes a “summit” hosted by President Obama, including spotlighting that ” … the U.S. and a number of other countries also objected to language in the original draft that said children should never be detained, so the agreement now says children should seldom, if ever, be detained.”

That may be because the U.S. has more than a half-million pending Immigration Court cases backed up for years and has detained some refugee families for more than a year. The detention camps have been found illegal by a federal court, and some moms have resorted to hunger strikes. Some 45 countries are expected to agree to new, non-binding goals for the international refugee crisis this week.

In the U.S., immigration regulation is enforced at immigration courts as s “civil matter,” meaning those under detention do not have the same rights as criminal defendants, which would include the right to representation by a lawyer.

Read about the hunger strikes here:
Moms go on a hunger strike to get themselves and their kids out of immigration detention

Shackles In A Civil Case? With Immigration, That’s The Deal

PhotoCredit, Boston Gobe report, 8/29/16

PhotoCredit, Boston Gobe report, 8/29/16

A Boston Globe report has detailed that many detained immigrants show up in immigration court in shackles – even without any criminal record. The Globe reports that “… when detained immigrants have their day in immigration courtrooms in Boston and in many other courts around the nation, they almost always spend it in chains. Some of the immigrants have criminal records, but some do not, and the controversial practice has ignited protests from Connecticut to California. Critics say detainees in the civil immigration system are treated more harshly than people accused of violent crimes in state and federal courts. But others say shackling preserves public safety in the courts, where security is limited.”

We would background that immigration courts are not actually U.S. federal courts, but are actually run by the U.S. Justice Department. Those facing the courts do not have a right to an attorney, as they would if criminal charges were being considered, because the cases are considered “civil” actions.

Read the Globe report here: In Boston immigration court, chains are a familiar sound – The Boston Globe

Shifting Immigration Sands Catches NC Teen in Kafka-esque Purgatory

For one North Carolina teen, seeing his mom again meant a difficult, six-month journey through ICE, the courts and the ever shifting immigration waters. Having fled two powerful Honduran gangs – Mara Salvatrucha (MS-13) and the 18th Street Gang – seeking to add him to their ranks, Wildon Acosta became the face of the immigration crisis for the small Durham community who rallied to support his cause.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

Part of the ongoing Border Kids crisis, Acosta feared the consequences of not joining one of the two gangs. ABC News recently reported, “Those two gangs are major contributors to the violence that has made Honduras the country with the highest homicide rate in the world according to the World Bank, forcing thousands to flee their homes. The government of Honduras, according to the United Nations’ refugee agency, estimates that 174,000 people were internally displaced within the country between 2004 and 2014 because of violence and insecurity.”

When federal agents arrested him on his way to school, the story continued, Acosta had gone from speaking only Spanish to earning a B average in English-only courses. He was even held a part-time job.

Acosta is hardly the only minor fleeing the violence, either, to build a new life here in the U.S. U.S. Customs and Border Protection reports that more than 63,000 unaccompanied minors were apprehended while attempting to cross the border between October 2013 and September 2014 as the gang violence was reaching a crescendo in Central America.

The issue of overhauling the immigration system has been on the front burner since George W. Bush was president. A former Governor of a border state, President Bush attempted to overhaul the system under his tenure, but was blocked by his own party. Subsequent attempts have come close, but real reform has failed each time.

In 2014, President Barack Obama announced he was using his executive order power to bring about sweeping immigration changes. During his tenure, he has stepped up deportations, putting Border Kids at the front of the line, while also attempting to protect so-called DREAMERs. His executive orders have been stayed by the courts as states challenged his authority to implement immigration changes by executive order.

This policy uncertainty has led to myriad stories of young people caught in a shifting web of changing rules, leading to a legal purgatory that Kafka would find surreal. Were it not for the community pressuring their local member of Congress to act on his behalf, Acosta would have been deported already. With $10,000 in bail money raised in two days, he is grateful to back in his community with his family, but his future remains uncertain as he works to file a petition for asylum. The support from his community undoubtedly means that he will have legal representation to aid him in making his case to become a legal, permanent resident of the U.S.

For minors and youth with legal representation, their chances of being granted asylum are significantly better. But, as we reported back in May, Sen. Patrick Leahy said, “In immigration court, in case after case, a trained federal prosecutor represents the interests of the government while too many children facing deportation are forced to proceed before a judge without a lawyer.”

For more on the Acosta case, be sure to check out the in-depth ABC News report. You can follow along with our two-year project tracking the Border Kids crisis here.

In Wake of DNC, Publisher Recalls Another Leak

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

In a Huffington Post blog post, Courts Monitor Publisher Sara Warner recalls another leaked memo, well before email was to blame.

Rigged Memories? DNC Email Leak Recalls Asbestos-Victim Memo Scandal

BuzzFeed Notes Milestone In Immigration Court Backlog: 500,000

A man climbs over the international border into Nogales, Ariz., from Nogales, Mexico. Matt York / AP

A man climbs over the international border into Nogales, Ariz., from Nogales, Mexico. Matt York / AP

The BuzzFeed News is among those noting the milestone in Immigration Court backlog, reporting that “… the backlog of immigration court cases has ballooned to an all-time high of more than 500,000, a number fueled by unaccompanied minors and families from Central America, officials said Wednesday” and adding that “… the Executive Office for Immigration Review (EOIR) said there are 500,051 pending immigration cases in the U.S. system. To deal with the backlog, EOIR plans to boost the number of immigration judges from 277 to 399.”

Reporter Adolfo Flores backgrounds that “… the backlog has been fueled by a growing number of unaccompanied minors and families, mostly from Central America, who have been crossing the border in recent years. Many of them are fleeing violence back home and are seeking better economic prospects in the US.”

Read the story here:

US Immigration Court Backlog Exceeds 500,000 Cases For First Time

Chevron Wins Latest In Long-Running Civil Case

Gasoline pumps situated at a Chevron station in Milpitas, Calif., in February. A federal judge ruled that a record $9.5 billion environmental-damage award against Chevron was tainted. ASSOCIATED PRESS

Gasoline pumps situated at a Chevron station in Milpitas, Calif., in February. A federal judge ruled that a record $9.5 billion environmental-damage award against Chevron was tainted. ASSOCIATED PRESS

California-based Chevron has won the latest court decision in a case that the Wall Street Journal calls “… one the longest running in corporate history.” The WSJ backgrounds that “… Monday’s decision affirms a lower-court ruling by U.S. District Judge Lewis Kaplan, who found in 2014 that the $9.5 billion environmental-damage judgment won by New York lawyer Steven Donziger and his Ecuadorean plaintiffs against Chevron was obtained through fraud and corruption. Judge Kaplan ruled Mr. Donziger couldn’t enforce the judgment in the U.S. or profit from the award anywhere in the world.

One reason the case will continue: “The appeals judges wrote that although the $9.5 billion judgment can’t be enforced in the U.S., their ruling does not stop the plaintiffs from taking action to enforce the judgment elsewhere.”

Read about the latest chapter of the saga here:http://www.wsj.com/articles/chevron-wins-ruling-blocking-enforcement-of-9-5-billion-ecuador-judgment-1470686218

CM Publisher: Dem Email Leaks Reminds Her Of Famous Memo

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

Courts Monitor Publisher Sara Warner, in a Huffington Post blog, reminds us that internal communication leaks are not always emails. She looks at the famous “B&B script memo” at HuffPo. The idea of “rigged memories” is newly relevant and the 19-year-old memo is even in a new documentary.

Rigged Memories? DNC Email Leak Recalls Asbestos-Victim Memo Scandal

Latino Community Rallies Around Clinton

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

Sara Cocoran Warner, Founding Publisher of the California Courts Monitor

Read the latest Huffington Post article, “Latino Community Rallies Around Clinton,” by Courts Monitor Publisher, Sara Warner. Sara provides her thoughts about the importance of the Latino community to the presidential election, as well as the implications it has on the U.S. Supreme Court and issues like immigration and civil rights.

Dems Face Fraud Charges In Email Leak

Outgoing Democratic National Committee Chairwoman Debbie Wasserman Schultz. PHOTO: ZUMA PRESS

Outgoing Democratic National Committee Chairwoman Debbie Wasserman Schultz. PHOTO: ZUMA PRESS

Those leaked emails indicated that that Democratic Party leaders may have conspired against the primary campaign of Sen. Bernie Sanders have not only led to a party shake-up but have sparked class-action litigation, the Wall Street Journal is reporting. The story is that “… a trove of hacked party emails posted by WikiLeaks show that Democratic National Committee officials had worked to undermine the underdog campaign of Mr. Sanders.

Some of the more damaging info: Weeks before the firestorm erupted, culminating in the resignation of party chief Debbie Wasserman Schultz, a group of plaintiffs brought a lawsuit in federal court alleging that DNC “actively concealed its bias” from its donors and Democrats backing Mr. Sanders.

DNC Seeks Dismissal of Lawsuit Alleging Donor Deception

Yikes: ‘RBG’ Speaks Her Mind On Trump, May Disqualify Herself

Supreme Court Justice Ruth Bader Ginsburg in her Supreme Court chambers in Washington in July 2014. (Cliff Owen/AP)

Supreme Court Justice Ruth Bader Ginsburg in her Supreme Court chambers in Washington in July 2014. (Cliff Owen/AP)

It turns out that Donald Trump is not alone in speaking his mind and worrying even his biggest fans. Supreme Court Justice Ruth Bader Ginsburg, in a New York Times interview, made it pretty clear she can’t imagine a United States under a President Trump. She even joked about moving to New Zealand, although to be fair she was quoting her late husband – but the sentiment was pretty clear.

That’s a problem, say legal scholars. There’s a reason that justices are seldom vocal in the political arena. If Mr. Trump is anxious about having a judge with Mexican heritage on his civil case, can you imagine him with a justice who has made her view so clear? Aaron Blake, writing for the Washington Post, notes that Ginsburg “…. goes to a place justices almost never do – and perhaps never have – for some very good reasons.”

The report cites some pretty strong voices saying this was a mistake. Like this: “Louis Virelli is a Stetson University law professor who just wrote a book on Supreme Court recusals, titled ‘Disqualifying the High Court. He said that ‘public comments like the ones that Justice Ginsburg made could be seen as grounds for her to recuse herself from cases involving a future Trump administration. I don’t necessarily think she would be required to do that, and I certainly don’t believe that she would in every instance, but it could invite challenges to her impartiality based on her public comments.'”

Read the story and gauge the fallout here: In bashing Donald Trump, some say Ruth Bader Ginsburg just crossed a very important line