Discover and read the best of Twitter Threads about #dueprocess4all
Most recents (12)
Jose spent 888 days in ICE prisons before he was freed last April. He fled Guatemala as a child after being shot in the stomach and left for dead. He was ordered deported by Judge Tara Naselow in 2017 when he was just 17 y/o and unrepresented. (thread) 
By chance, I met him shortly after & we began long fight to right this wrong. Over the next 2.5+ years I visited Jose in 4 ICE prisons & told him many times that we weren’t going to give up. Sometimes I cried leaving worried I was creating false hope while he continued to suffer.
And then today, a LA Superior Crt Judge made orders finding that Jose was abused, abandoned & neglected by his parents & that it is in his best interests to remain in the US. With this, we are able to apply for his SIJS visa & are now one (huge) step closer to keeping him safe.
My new article with @stevenshafer, “Measuring in Absentia Removal in Immigration Court” is now out @PennLRev: pennlawreview.com/2020/06/21/mea…. We study judge decisions to deport noncitizens without first providing them a day in court, a procedure known as in absentia removal. 1/6
Bold assertions by President Trump and others that immigrants “never” appear in court drive central policy decisions on immigration enforcement, including growing immigration detention, limiting access to asylum, and building a border wall. But, are these claims true? 2/6
We examined #EOIR court cases from 2008 to 2018. We find that 88% of all immigrants in immigration court with completed or pending removal cases attended all of their court hearings during the 11 year period studied. Much more detail in the paper. 3/6
Imagine this: attorney files motion to withdraw in asylum case 10 days before a final hrg. Judge grants withdrawal TWO DAYS before final asylum hrg. Person shows up to court, is denied a continuance to find a new attorney, and is told she is unlikely to win an "extortion case."
Judge spends 2 full minutes discussing how she won't win her asylum case if she goes forward while she cries, b4 he has heard a word about her case, and then tells her she can take pre-conclusion vol. departure. She cries, indicates she doesn't understand, cries more. Takes VD.
As she asks questions, IJ tells her she "normally wouldn't even qualify for pre-conclusion VD" but that the government is being generous, further coercing her into waiving her right to apply for protection.
@DOJ_EOIR's latest:
“EOIR further memorializes the following policies in order to encourage immigration judges to resolve as many cases as practicable without the need for a hearing and, thus, to minimize contact among individuals in immigration proceedings. (THREAD 1/4)
“EOIR further memorializes the following policies in order to encourage immigration judges to resolve as many cases as practicable without the need for a hearing and, thus, to minimize contact among individuals in immigration proceedings. (THREAD 1/4)
Resolve as many cases practicable without the need for a hearing? Is this really a time to push judges to deport people? This is an abomination of #dueprocess. As much as we need to adjust to protect public health through this crisis, it should not be at the demise of justice.
The latest from @DOJ_EOIR gives judges carte blanche authority to not hold hearings. They are using a public health crisis to ramp up the deportation machine and roll it right over #dueprocess rights. #ImmDef wont let this happen without a fight. #LaLuchaContinua #DueProcess4all
She is one out of 50k. Since Jan 2019, more than 50k asylum-seekers have been forced into the streets of dangerous border cities as part of the #migrantpersecutionprotocols. She is just one of the 50k desperate for help as they face a system completely stacked against them.
Yesterday she and her mom attended our clinic in Mexicali where we filled out their asylum applications so they have something to file when they return to court. ImmDef's Cross-Border Initiative is a lifeline giving families like hers a fighting chance at safety and protection.
Under the #migrantpersecutionprotocols, border courts are overwhelmed. Since Jan, cities like San Diego have seen new cases jump from ~200 to more than 2,000 a month. Judges lacking judicial independence are under pressure to violate due process in order to keep their jobs.
It’s not hard to understand why access to counsel is a problem for MPP cases. Not only are attorneys forced to go to some of the most dangerous parts of Mexico along the border to meet with clients; it is also difficult to represent them at the court.
My client is scheduled for a 12PM hearing today. She won’t arrive until 11:30AM at the earliest by transport. By the time people are here, have lunch, and get organized into courtrooms, it will be after 1PM before hearings begin.
Last week an immigration judge again blatantly ignored the law. My client held ICE to its burden to prove he was from a country outside of the US. We had to file the asylum app a month earlier or it would have been deemed abandoned and my client would not be able to apply.
The judge threatened that he would use our asylum app to provide the client was from outside of the US. We cited to the judge the exact spot in the law that says he cannot do that. He said he had never seen that particular regulation and ignored it.
This may not seem like a huge deal but if the government doesn’t prove their charges my client can terminate removal proceedings. So the judge completely ignoring the law means my client didn’t have a fair change in court to require the charge be proven against him.
IJ in Denver just gave us an individual date in September 2019 on the FAMU docket for literally no reason. We entered our appearance last night at 6PM. If you think this isn’t to deny people access to counsel, you’re missing the point. #fairdayincourt #dueprocess4all
Cc: @MelissaDSegura
It’s important to note: client went to court for the first time June 26th. Today was his third hearing in two months. We were hired last night and emergency prepped an asylum application. He was supposed to have a hearing on or before June of next year.
Today in #MigrantPersecutionProtocols Court, San Diego edition: DHS atty is opposing a change of venue from SD to LA, despite assertions on the record that they are likely paroling client in today to reunite her w/ her mom. Judge overrules govt, orders COV. Govt reserves appeal.
Out of all the cases on the immigration judge’s docket, there is only one person represented (our client). Everyone else is proceeding “Pro Se” or on their own, including a non-English speaking mom and her 5 y/o who is currently struggling to understand how to do pleadings.
The little boy is playing with the headset and getting restless, and the Judge is telling him “please listen to your mom and be a good boy. Your mom needs to listen carefully.” Now the little boy won’t sit at the table so the judge is giving him paper to draw on. Mom is crying.
Sitting in court listening to Judge Naselow at the LA immigration court deny Jose’s asylum case. Jose came to this country seeking safety as a 17 year old. He came alone. He has been detained for 19 months (585 days). Seeking safety shouldn’t be this hard.
#dueprocess4all 1/
#dueprocess4all 1/
Jose was shot
in the stomach because he refused to join a gang in Guatemala. He survived the gunshot wound, but fled the country to save his life. 2/
in the stomach because he refused to join a gang in Guatemala. He survived the gunshot wound, but fled the country to save his life. 2/
Put yourself
in his shoes for a minute. You’re 16, and have the courage to stand up to a gang. You’re shot in the stomach. You survive, and like any other human, you run for your life. 3/
in his shoes for a minute. You’re 16, and have the courage to stand up to a gang. You’re shot in the stomach. You survive, and like any other human, you run for your life. 3/
After waiting more than 1.5 yrs, Wendy and William finally learned that their asylum cases were granted! Timing couldn’t be better: Wendy also got news recently that she was accepted into college♥️ The siblings are seen here celebrating with ImmDef managing attorney Derek Loh.
Wendy came in today to pick up her approval notice and to get some help filling out her FAFSA application from our case manager Nathan 😁
Given the comments, seems important to add: SEEKING ASYLUM IS ALWAYS LEGAL, NO MATTER HOW OR WHERE YOU ENTER THE UNITED STATES. Asylum is a human right. We proudly stand with Wendy, William and ALL asylum seekers. #dueprocess4all
My amazing friend @L_Toczylowski from @ImmDef is at the Mexicali border right now. Here’s what she just texted me when I asked her how it was going:
(Thread. Please read on.)
(Thread. Please read on.)
“It’s pretty terrible down here, tons of babies and toddlers and people sleeping outside. We are in Mexicali today doing ‘know your rights’ classes, but there are lots of issues because US is only accepting people for asylum who are presented by Mexican authorities...(Cont.)
and the Mexican authorities are not putting many Central American families on the list because they do not have permission to be in Mexico. One Mexican official told a family traveling with small children & an 8 month pregnant woman to go back to southern Mexico...(cont.)
