Category: Justice News

AG Sessions Restricts Administrative Closure Of Immigration Proceedings

 On Thursday, May 17, 2018, Attorney General Jefferson Beauregard Sessions III issued a 26-page opinion and order in Matter of Castro-Tum, Respondent, 27 I&N Dec. 271 (A.G. May 17, 2018), restricting immigration judges from administratively closing cases before they issue decisions.  Sessions’ new order says “the current practice of administrative closure lacks a valid legal foundation”:

I hold that immigration judges and the Board do not have the general authority to suspend indefinitely immigration proceedings by administrative closure.  Accordingly, immigration judges and the Board may only administratively close a case where a previous regulation or a previous judicially approved settlement expressly authorizes such an action.

Where a case has been administratively closed without such authority, the immigration judge or the Board, as appropriate, shall recalendar the case on the motion of either party.

As reported by the New York Times here, the order “is unlikely to reopen all the cases” that are currently administratively closed, but it “injects fresh uncertainty in the lives of undocumented immigrants living in the United States.”

The Sentinel is strongly opposed to illegal immigration into our great nation.  That opposition does not, however, limit concern for unnecessary restrictions being placed on our Administrative Law Judges, who work daily in the trenches, carefully reviewing each case before making individualized decisions regarding the particular merits of each case.

AG Sessions’ action takes authority away from the experienced men and women in our ALJ corp and places it in an absolutionism of regulation without the standards of public notice, review and consideration and review that Federal Regulations are required by law to have.

Actions such as this, promulgation of regulation by fiat, lead to despotism, which the Sentinel, though a Republican owned publication, stands firmly against, administratively mandated “zero tolerance policies” which strip officials of their congressionally granted discretion offend the American citizen’s duly constituted and ratified liberty based governmental model and should not br allowed to stand.

Homeland Security Will Now Refer 100% Of Illegal Southwest Border Crossings For Prosecution

Yesterday, Attorney General Jefferson Beauregard Sessions III delivered remarks in San Diego, California discussing immigration enforcement actions of the Trump Administration.

Here are some highlights from the Attorney General’s remarks:

Today we are here to send a message to the world: we are not going to let this country be overwhelmed.

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That’s why the Department of Homeland Security is now referring 100 percent of illegal Southwest Border crossings to the Department of Justice for prosecution.  And the Department of Justice will take up those cases.

I have put in place a “zero tolerance” policy for illegal entry on our Southwest border.  If you cross this border unlawfully, then we will prosecute you.  It’s that simple.

If you smuggle illegal aliens across our border, then we will prosecute you.

If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law.

If you make false statements to an immigration officer or file a fraudulent asylum claim, that’s a felony.

If you help others to do so, that’s a felony, too.  You’re going to jail.

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In order to carry out these important new enforcement policies, I have sent 35 prosecutors to the Southwest and moved 18 immigration judges to the border.  These are supervisory judges that don’t have existing caseloads and will be able to function full time on moving these cases.  That will be about a 50 percent increase in the number of immigration judges who will be handling the asylum claims.

Previously, the Attorney General sent a memorandum to all federal prosecutors on April 11, 2018, titled Renewed Commitment to Criminal Immigration Enforcement , detailing new charging-practice policies in immigration cases. A Statement from DHS Press Secretary on April Border Numbers, released May, 2018, echoes the Attorney General’s remarks, warning: “If you enter our country illegally, you have broken the law and will be referred for prosecution.  DHS has zero tolerance for those who break the law and will no longer exempt classes or groups of individuals from prosecution.  Whether you are a single adult or an adult member of a family unit, if you are apprehended you will be prosecuted and put in removal proceedings.” The U.S. Customs and Border Protection’s border migration numbers for April 2018 are here.

As The Sentinel Sees It:

The Sentinel is deeply concerned with the matter of illegal immigration and serious criminal acts involved with human smuggling across the borders of our great land.

We are likewise concerned about the overreaching nature Mr. Sessions past acts, both in the Senate and as our Attorney General and worry that this most current action will not reduce the number of people desperate to reach our country, but will instead increase their desperation, risking the lives of our troops and border agents.

Criminal prosecution zero tolerance policies take charging discretion away from the local United States Attorneys, who are put in place specifically for the purpose of determining, on a case-by-case basis, what the appropriate action is in any given situation.

These men and woman are selected carefully, not just for their extensive legal experience, but also for their awareness of the needs of their local communities.  The exercise of their discretion and common sense help keep our justice system, if not perfect, one of best in the world.

Zero tolerance policies and Washington based mandates don’t only call into question the level of trust Attorney General Sessions has in our nation’s U.S. Attorneys, it also questions his respect for our entire system of justice and the will of the American people.

This matter extends well beyond the important question of immigration into other essential areas.  Stripping the United States Attorneys of their charging discretion on this issue could well lead to a loss of it on others until, ultimately, only bureaucratic absolutes from the District remain.

The Sentinel stands firm on the importance of recognizing and addressing criminal conduct, but urges AG Sessions and President Trump to review this “zero tolerance” mandate and return charging authority to were it belongs, in the hands of the experienced men and women the President appointed and the Senate confirmed to make such decisions.

 

 

Supreme Court’s Decision Protects From Dangerously Confusing & Vague “Aggravated Felony” Statute

Yesterday, April 17, 2018, in Sessions v. Dimaya, No. 15-1498, the Supreme Court (in a 5-4 decision) held that 18 U.S.C. § 16’s residual clause is unconstitutionally vague. At issue in the case, the Immigration and Nationality Act (INA) provides that a noncitizen convicted of an “aggravated felony” after entering the United States will be deported. 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1229b(a)(3), (b)(1)(C).

Under the INA, an “aggravated felony” includes, among other offenses, a “crime of violence” as defined in 18 U.S.C. § 16 (excluding a purely political offense) for which the term of imprisonment is at least one year. The term “crime of violence” under § 16 is defined as “(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” Subsection (b) is typically referred to as a residual clause.

A majority of the Court held that a straightforward application of Johnson v. United States, 135 S. Ct. 2551 (2015) resolved this case. In Johnson, the Supreme Court held that a similar residual clause found in the Armed Career Criminal Act, 18 U.S.C. § 924(e), violated the Constitution’s guarantee of due process. In that case, the residual clause was used to increase a criminal defendant’s sentencing range. Although the specific language of the residual clause in § 16(b) was not identical to the residual clause of § 924(e), the Court held that it suffered the same infirmities.

Specifically, the Court found two features of the residual clause in both statutes conspired to make them unconstitutional: determining an “ordinary case” and determining the risk posed by the crime. The majority rejected the government’s attempts to distinguish the two clauses.

Justice Gorsuch joined with Justices Kagan, Ginsburg, Breyer, and Sotomayor, in finding the residual clause unconstitutionally vague.

Although Justice Gorsuch filed an opinion concurring in the judgment, he did not join in all parts of the opinion authored by Justice Kagan. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy, Thomas, and Alito, joined. Justice Thomas filed a dissenting opinion, in which Justices Kennedy and Alito joined in part.

The TED Conference On Big Ideas Is Putting Its Money Where Its Mouth IsIs

The big-idea Technology, Entertainment and Design (TED) Conference is now backing up its talk on world-changing innovations with big money.

The organizers of the conference known for deep thinking discussions announced Wednesday it has raised $400 million for projects with “the potential to create massive, global change.”

The new initiative known as the Audacious Project will replace the annual $1 million TED prize awards which have been allocated since 2005, with a hefty bump in funding.

TED organizers say the project will fund “collaborative philanthropy for bold ideas” and announced the first awards to organizations working on innovative ideas for health care, justice, agriculture and the environment.

“In some ways, it’s the most ambitious thing TED has ever been involved with,” TED curator Chris Anderson said before taking to the stage to announce the project in Vancouver.

“It’s like trying to recreate what an IPO does, but instead of investing in shares to make money we are investing in dreams to make change.”

Inside TED, they coined the acronym “APO,” for Audacious Project Offering.

Anderson has encouraged TED’s influential community to act on big ideas that win their hearts or minds at annual conferences.

Each year, the project will identify up to five ideas that stand out as “thrillingly bold” with a credible path to execution.

Laurene Powell Jobs, the widow of legendary Apple co-founder Steve Jobs, took to the TED stage to help unveil the project, saying it could change millions of lives for the better by turning bold ideas for good into action.

“We must dream alongside and amplify those voices,” she told the TED audience.

TED said pledges for the project came from Skoll Foundation, Virgin Unite, Dalio Foundation, The Bridgespan Group and others.

– Oceans to Heavens –

The slate of those being backed by the project consisted of The Environmental Defense Fund; The Bail Project; GirlTrek; Sightsavers, and Woods Hole Oceanographic Institution.

US-based Bail Project will manage a nationwide fund to help people post bond to get out of jail while their guilt or innocence is determined.

The Environmental Defense Fund wants to track methane pollution from space with a network of satellites.

“Cutting methane emissions from the global oil and gas industry is the fastest thing we can do right now to put the brakes on climate change,” said EDF president Fred Krupp.

The Woods Hole institution plans to uncover the secrets of a mysterious layer of ocean some 200 to 1,000 meters (600 to 3,000 feet) deep considered integral to the marine food ecosystem and the earth’s climate.

GirlTrek in the US will train activists to improve the health of black women by getting them walking more.

Sightsavers aims to eliminate trachoma, a treatable disease that can blind people and remains a bane in low-income communities.

“We are in a moment where humans more than ever what to change the future,” Anderson said.

“The money is out there; people want to spend it on good ideas.”

– Daring to dream –

Anyone in the world is free to pitch their dreams online at an audaciousproject.org website with a handful picked annually, according to TED.

“We are looking for projects that are capable of impacting at least millions of lives in some way, or at a planetary scale,” Anderson said.

“Almost the single biggest hope is that this process unlocks dreams that entrepreneurs never dared put forward before.”

Since starting as an intimate gathering on the California coast 34 years ago, TED has grown into a global media platform with a stated devotion to “ideas worth spreading.”

TED has a massive following for its trademark presentations in which speakers strive to give “the talk of their lives” in 18 minutes.

The theme of the annual TED conference this week in Vancouver is “Age of Amazement,” but with a keen eye on unintended consequences.

AG Sessions Announces Zero-Tolerance For Illegal Entry & New Charging Policies

On April 6, 2018, Attorney General Jefferson Beauregard Sessions III notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a)(prohibiting both attempted illegal entry and illegal entry in the United States by an alien).  “The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest—that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions.

The new policy comes as the Department of Homeland Security reported a 203 percent increase illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018. SeeDHS Southwest Border Migration FY2018.

The recent increase follows a steep drop in illegal border crossings after President Trump’s inauguration, which were historically low through most of his first summer in office.

On April 11, in a follow-up to his zero-tolerance policy, the Attorney General sent a memorandum for all federal prosecutors titled Renewed Commitment to Criminal Immigration Enforcement, detailing the new charging-practice policies in immigration cases.

(The American Sentinel Newsletter notes that while the problem of illegal entry into our nation must be and remain a priority for the Trump Administration, zero-tolerance policies which strip local authorities of their discretion fly in the face of the very reasoning underlying the creation of local United States Attorneys – the need for charging decisions to reflect the will of the people in the district such decisions are being made – and are, in the opinion of the Sentinel, dangerously federalistic.)

– The American Sentinel Newsletter