Category: Immigration

Sarah Sanders: ‘Just Because You Aren’t Seeing a Judge Doesn’t Mean You Aren’t Getting Due Process’

Sarah Huckabee Sanders offered an intriguing defense of Donald Trump on Monday when asked about his apparent call for the country to disregard due process when dealing with illegal immigrants.

It’s been over a week since the last White House press briefing, so Sanders was buried under an avalanche of questions regarding the president’s rescinded policy of taking migrant children away from their parents at the U.S. southern border. As Trump railed against immigration laws and people “[invading] the country” over the weekend, he tweeted at one point that immigrants need to be sent back where they came from “with no Judges or Court Cases” involved.

When CNN’s Jeff Zelany asked Sanders if Trump was saying illegal immigrants have no right to due process, she defended the president by saying that current laws allow for the deportation of illegal aliens without having to go through court.

“Thousands of illegal aliens are removed every month without seeing an immigration judge as a result of procedures in current law including voluntary removal and expedited removal. Just because you don’t see a judge doesn’t mean you aren’t receiving due process. The president is focused on securing our borders and reforming our immigration system to prevent the crisis at the border from betting worse.”

Zeleny continued to press Sanders by asking her if immigrants who are deported this way don’t get a chance to appeal for asylum or make their case before a judge.

[Mediaite]

Reality

On one hand we have the Constitution, which makes it very clear due process applies to anyone on American soil.

This was reaffirmed in the 2001 Supreme Court decision Zadvydas v. David (533 US 678): “the Due Process Clause applies to all persons within the United States, including aliens, whether their presence here is lawful or unlawful.”

But on the other hand we have expedited removal where a person does not see the inside of a courtroom and a low-level immigration officer simply deports a person without any due process. Expedited removal is only allowed to be applied to undocumented immigrants without any documentation, not on asylum seekers which we are mostly seeing today, and has historically been used only on individuals who are repeat offenders.

But the law has been used more and more over the past several years, for example 44 percent of all removals from the United States were conducted through expedited removal in 2013.

Media

Trump amplifies push to end due process for illegal immigrants

President Donald Trump on Monday doubled-down on his position that due process for illegal border crossers is too time consuming, advocating instead for a border security system that prevents undocumented immigrants from entering the U.S. illegally in the first place.

“Hiring manythousands [sic] of judges, and going through a long and complicated legal process, is not the way to go – will always be dysfunctional [sic]. People must simply be stopped at the Border and told they cannot come into the U.S. illegally. Children brought back to their country,” the president wrote on Twitter, splitting his message into two posts. “If this is done, illegal immigration will be stopped in it’s [sic] tracks – and at very little, by comparison, cost. This is the only real answer – and we must continue to BUILD THE WALL!”

Trump’s border security and immigration policy has been the subject of significant criticism in recent days as outcry grew over the administration’s “zero tolerance” policy that led to the separation more than 2,000 children from parents who brought them illegally into the U.S. The president signed an executive order last week aimed at keeping families together but has continued to press for tougher border security, blaming Democrats unwilling to accede to his immigration and security proposals for issues at the border.

In his efforts to point the finger at the minority party in both houses of Congress, Trump has gone so far as to undercut his own party’s efforts at passing immigration reform legislation, writing on Twitter that House Republicans are wasting their time trying to pass such a measure when it is unlikely to pass in the Senate.

The president’s Monday derision of a legal process by which undocumented immigrants are removed from the country without judicial proceedings or review was an extension of an argument he put forward over the weekend, when he wrote that “when somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came.”

“We cannot allow all of these people to invade our Country,” he wrote. “Our system is a mockery to good immigration policy and Law and Order. Most children come without parents.”

https://www.politico.com/story/2018/06/25/trump-due-process-immigrants-669334

Trump calls for deporting migrants ‘immediately’ without a trial

President Donald Trump tweeted Sunday morning that the U.S. “Cannot accept all of the people trying to break into our Country” and called for migrants to be “immediately” deported without a trial.

“When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came,” he said. His tweet did not mention people coming to the U.S. to seek asylum, which is legal to do.

Our system is a mockery to good immigration policy and Law and Order,” he said, adding in another tweet that legal entry to the country should be based on “merit.”

Immigration advocates pushed back on the comments. “What President Trump has suggested here is both illegal and unconstitutional. Any official who has sworn an oath to uphold the Constitution and laws should disavow it unequivocally,” said Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project.

Late Saturday night, the Trump administration released a “fact sheet” noting more than 2,000 children have yet to be reunited with their parents and revealing some details about the reunification process.

[NBC News]

U.S. Cancels Program For Recent Haitian Immigrants; They Must Leave By 2019

Some 50,000 Haitians who’ve lived and worked in the United States since a catastrophic earthquake there in 2010 are reeling from news that their special protected status will be canceled.

They have 18 months until their temporary protected status — or TPS — is terminated in the summer of 2019. A statement from The Department of Homeland Security says the 18-month lead time is to “allow for an orderly transition before the designation terminates on July 22, 2019.”

It adds that the decision by acting secretary of the Department of Homeland Security, Elaine Duke, follows then-Secretary John Kelly’s announcement that Haiti was recovering and that the status likely would end after a final six-month extension issued earlier this year.

“Since the 2010 earthquake, the number of displaced people in Haiti has decreased by 97 percent,” the statement said. “Significant steps have been taken to improve the stability and quality of life for Haitian citizens, and Haiti is able to safely receive traditional levels of returned citizens. Haiti has also demonstrated a commitment to adequately prepare for when the country’s TPS designation is terminated.”

While immigration advocates and Haitians were expecting the news, it was no less devastating.

“Haiti is in a really bad condition,” Peterson Exais, a high school junior in Miami with TPS, said on a press call with reporters. “I would like to call on Congress to please, please make your choices wisely. This decision is very selfish. I am a human, you are a human, this is my home, and America is my home. I consider myself American in every way except the papers I don’t have.”

Exais has been here since he was nine.

Royce Bernstein Murray, the Policy Director of the Washington-based American Immigration Council says that Haitians with TPS have 27,000 U.S.-born children, and that this decision throws those families into crisis. Some 20 percent own homes, and many are crucial in industries such as construction in Florida, a state that badly needs the skill set as it recovers from hurricane destruction.

“I think it’s a tragedy on a few levels,” Murray said. “Certainly for the Haitians who have been living and working here to support their families, but also for the communities and employers who’ve come to know them and rely on them as trusted neighbors and employees. ”

Haitians are the third nationality to have their protected status terminated in past three months. Nicaraguans and Sudanese will lose protection in 2018 and 2019 respectively.

[NPR]

Trump hosts victims of undocumented migrants amid family separations row

US President Donald Trump has hosted the relatives of victims killed by illegal immigrants amid outrage over the separation of migrant families.

“Your loved ones have not died in vain,” he told the group of so-called Angel Families at the White House.

Mr Trump has faced global condemnation for the US immigration policy that has seen more than 2,000 migrant children stripped from their families.

He bowed to public pressure and reversed the policy earlier this week.

The president signed an executive order on Wednesday to stop undocumented immigrant children being detained separately from their parents after they have illegally entered the country.

But the administration’s “zero-tolerance” policy of criminally prosecuting anyone who crosses the border illegally remains in place.

What did the president say?

“These are the American citizens permanently separated from their loved ones,” Mr Trump said on Friday, before introducing family members of victims.

“I cannot imagine it being any worse, but we promise to act with strength and resolve.

“We’ll not rest until our border is secure, our citizens are safe and we end this immigration crisis once and for all,” the president added.

Laura Wilkerson, whose son was killed in 2010 by an undocumented immigrant, told audience members: “None of our kids had a minute to say goodbye. We weren’t lucky enough to be separated for five days or 10 days.

“We were separated permanently.”

Are immigrants more likely to commit crimes?

In 2017, Gallup polls showed that almost half of Americans believe that immigrants raise crime rates. Yet many studies have found that the reverse is actually true.

Native-born Americans are more likely to commit a crime than immigrants, and more likely to be incarcerated.

One study spanning four decades compared immigration rates with crime rates. The researchers found that immigration appeared to be linked to decreases in violent crimes like murder, or property crime such as burglaries.

“The results show that immigration does not increase assaults and – in fact, robberies, burglaries, larceny, and murder are lower in places where immigration levels are higher,” said the paper’s lead author, Robert Adelman.

A 2017 study by the Cato Institute found that the incarceration rate for native-born Americans was 1.53%, compared to 0.85% for undocumented immigrants and 0.47% for legal immigrants.

What started the row over migrant families?

Approximately 2,300 migrant children have been removed from their families since Mr Trump’s “zero-tolerance” policy began in May, and housed in detention centres run by the Department of Health and Human Services.

Some shelters, including three in Texas, house so-called “tender age” children, who are under five years old.

[BBC]

Trump throws wrench in GOP immigration push, says Republicans are “wasting their time”

President Trump threw a wrench in Republicans’ efforts to pass sweeping immigration legislation soon. He tweeted Friday that Republicans should “stop wasting their time” on immigration and wait until after November’s midterm elections to pass anything.

House Republicans on Thursday delayed a vote on their compromise immigration bill until next week. They had hoped to pass legislation that would not only fund border security, but provide legislative solutions to Mr. Trump’s decision to end the Deferred Action for Childhood Arrivals (DACA) program and to family separations at the border.

As CBS News’ Paula Reid has reported, Mr. Trump’s executive order to halt the separation of children from their parents at the southern border is a temporary fix — it effectively only prevents family separations for 20 days. The Justice Department has asked a federal judge to remove a 20-day legal limit on detaining families together.

[CBS News]

Trump: Democrats Have Created A ‘Massive Child Smuggling Industry’

President Donald Trump blamed human trafficking on Democrats’ immigration policies during a Cabinet meeting Thursday.

“We have come up with a lot of solutions but we have Democrats that don’t want to approve anything because that’s probably, they think, bad for the election that’s coming up,” he said. “Unfortunately, there are a lot of people suffering and that’s unfortunate.”

“My administration is also acting swiftly to address the illegal immigration crisis on the southern border,” he continued. “Loopholes and our immigration laws all supported by extremist open border Democrats. That’s what they are, extremist, open border Democrats.”

He then specifically named House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Chuck Schumer (D-NY), and (of course) Hillary Clinton as leading a “con job” on immigration by saying they wanted closed borders, and then that they wanted open ones.

“We’ve created –– they’ve created and they’ve let it happen, a massive child smuggling industry,” Trump insisted. “That’s exactly what it’s become. Traffickers, you think about this, human traffickers are making a fortune. It’s a disgrace.

“They’re the worst immigration laws in the history of the world,” he later said. “The whole world is laughing at the United States and they have been for years. These alien minors were separated and sent all the way up here alone. But they really came up with coyotes — do you know what a coyote is? Not good. These are not good people.”

“They were set up here with human traffickers because the Democrat-supported policies that have allowed this to happen,” he reiterated.

So, yeah, just FYI, Trump’s accusation is inaccurate as hell. Immigration policy is not the work of the Democrats. It is the result of failed policies across the aisle and over many years. Everyone agrees the immigration system is broken and no one knows entirely how to fix it. (Except Donald Trump, clearly.)  As for the specific people he calls out for flip-flopping, we’ll let you be the judge of what they have or haven’t done.

[Mediaite]

Lawmakers banned from talking to detained migrant kids

Lawmakers are now banned from speaking with migrant children who are held at detention centers after being separated from their parents, according to a new Department of Heath and Human Services (HHS) directive sent to congressional offices on Wednesday.

The directive also states that lawmakers must give two weeks’ notice before traveling to an immigrant detention center. They will be barred from entering if they do not give the advanced notice.

HuffPost first reported on the directive.

[The Hill]

Trump: Democrats Want Immigrants to ‘Pour In’ From the Middle East

President Donald Trump went on a tear against Democrats at his rally in Minnesota Wednesday night regarding his topic du jour — immigration — and made sure to include a painfully xenophobic quip about the Middle East.

“So the Democrats want open borders,” Trump told his rowdy crowd at a Duluth, MN stadium. “Let everybody come in. Let everybody pour in, we don’t care, them come in from the Middle East, let them come in from all over the place.” The crowd booed.

“We don’t care, we’re not going to let it happen,” Trump said.

He then commented on the executive order he signed today the put an end to his administration’s “zero tolerance” policy that separated migrant children from their parents at the southern border.

“We will keep families together but the border is going to be just as tough as it has been,” he said.

Later in the rally, Trump referenced his infamous remarks that the Mexico government is “sending rapists” to the United States, and doubled down on the absurdly false claim.

[Mediaite]

Corey Lewandowski Mocks Disabled Migrant Girl Who Was Separated From Parents: ‘Womp Womp’

Former Trump campaign manager Corey Lewandowski mocked a story about a migrant child with down syndrome who was taken from her mother by mimicking sad trombone noises and saying “womp womp.”

Democratic strategist Zac Petkanas, who was debating Lewandowski on the issue of undocumented migrant families being split apart by border officials, fiercely responded: “How dare you. How absolutely dare you, sir.”

When Lewandowski responded by falsely claiming the policy existed under the Obama administration, Petkanas fact checked him.

“This policy was not done during the administration,” the strategist said. “You are now lying about this policy, in addition to just saying, ‘womp, womp.’”

Petkanas continued:

“The difference now is they are accompanied minors, but the Trump Administration is forcibly making them unaccompanied minors when they take them from their parents and put them in cages. And we have members of the Trump team who are going wah wah when you learn about the stories — the horror that is going on down at the border.”

Lewandowski replied by arguing that “coming across the border illegally is a crime,” and criminals get separated from their children when they go to jail, therefore migrant kids should be taken from their parents too.

[Mediaite]

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