U.S. Department of JusticeU.S. Department of Justice
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She is the author of \u003c/span>\u003ci>\u003cspan style=\"font-weight: 400;\">The Wind Doesn't Need a Passport: Stories from the U.S.-Mexico Borderlands\u003c/span>\u003c/i>\u003cspan style=\"font-weight: 400;\"> (University of California Press). \u003c/span>","avatar":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twitter":"tychehendricks","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]}],"headData":{"title":"Tyche Hendricks | KQED","description":"KQED Senior Editor, Immigration","ogImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/b8ee458e2731c2d43df86882ce17267e?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/tychehendricks"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1591205172","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11903829":{"type":"posts","id":"news_11903829","meta":{"index":"posts_1591205157","site":"news","id":"11903829","score":null,"sort":[1643896826000]},"guestAuthors":[],"slug":"immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","title":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog","publishDate":1643896826,"format":"audio","headTitle":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>[aside postID='news_11883227']\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases. ","status":"publish","parent":0,"modified":1710284118,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1161},"headData":{"title":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog | KQED","description":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","socialDescription":"A bill introduced by Rep. Zoe Lofgren would move immigration courts out of the Department of Justice to avoid political interference, underfunding and a massive backlog of cases.","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Immigration Court Bill Would Give Judges Independence, Tackle 1.6 Million Case Backlog","datePublished":"2022-02-03T14:00:26.000Z","dateModified":"2024-03-12T22:55:18.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f71df9f8-6ea2-4127-ba93-ae310119f000/audio.mp3","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11903829/immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Jose Rep. Zoe Lofgren is introducing a bill today to transform the nation’s troubled immigration courts and protect them from partisan influence by making them independent of the Department of Justice, which is led by the U.S. attorney general — the nation’s top law enforcement officer and a political appointee.\u003c/p>\n\u003cp>The bill would create a new immigration court system under Article I of the U.S. Constitution, giving it independent status akin to bankruptcy or tax courts. It would include measures to ensure that judges are qualified and impartial, that rulings and court procedures are transparent to the public, and that the court’s budget does not depend on approval by the executive branch.\u003c/p>\n\u003cp>There’s a lot at stake in immigration court, yet the current system is not structured to deliver justice fairly, said Lofgren, a former immigration lawyer and chair of the House Judiciary Committee’s Subcommittee on Immigration and Citizenship.\u003c/p>\n\u003cp>“You could be separated from your family for the rest of your life. In the case of asylum, if a decision is made incorrectly, it quite literally could result in death,” she said. “[Yet] the judges themselves are appointed by the Department of Justice. They’re not at all independent. So it’s not a real court in the way we think of, and the stakes are very, very high.”\u003c/p>\n\u003cp>The current system, formally known as the \u003ca href=\"https://www.justice.gov/eoir\">Executive Office of Immigration Review\u003c/a>, is also plagued by underfunding, an unprecedented backlog of 1.6 million cases, and a lack of protections for the rights of immigrants who appear in court to request asylum or fight deportation, observers say.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Separating the courts from the political pressure of the president and attorney general — regardless of party — is an important step in bringing legitimacy and fairness to immigration decisions, said \u003ca href=\"https://law.scu.edu/faculty/profile/gulasekaram-pratheepan/\">Pratheepan Gulasekaram\u003c/a>, a professor of constitutional law and immigration law at Santa Clara University.\u003c/p>\n\u003cp>“When people hear the word ‘court,’ they generally think of a state court where you have district attorneys, defense attorneys, where — everyone knows about Miranda rights — if you cannot afford an attorney, one will be appointed for you,” he said. “What I don’t think people understand is that none of those Bill of Rights protections — that you see in police procedural shows on television — apply in immigration courts. And I think just the fact that you have legislation that highlights how bankrupt this system is … is a great service.”\u003c/p>\n\u003cp>An \u003ca href=\"https://rollcall.com/2022/01/19/congress-mulls-independent-immigration-courts-as-backlog-soars/\">independent court\u003c/a> system has long been sought by the immigration judges union. Under former President Donald Trump, attorneys general stripped the judges of their authority to control their dockets, imposed case completion quotas and took steps to dismantle their union. The administration of President Joe Biden has acted to reverse these moves.\u003c/p>\n\u003cp>“The DOJ’s control over the courts has yielded extreme pendulum swings, and our apolitical judges are reeling as they navigate their judicial responsibilities on the one hand and heavy political scrutiny,” said Mimi Tsankov, president of the \u003ca href=\"https://www.naij-usa.org/\">National Association of Immigration Judges\u003c/a>, at a hearing last month before the House immigration subcommittee. An independent Article I immigration court is “a good government solution,” she said.\u003c/p>\n\u003cp>The American Bar Association, the Federal Bar Association and the American Immigration Lawyers Association also support an independent immigration court system, and worked with Lofgren’s staff to craft the new bill. It’s the first such legislation in over 20 years, according to a Lofgren aide.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11883227","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Under the proposal, appellate judges would be appointed to staggered 15-year terms by the president and confirmed by the Senate, and would in turn appoint trial court judges. One third of the appellate judges would be appointed every five years to ensure that no one president could choose an outsized share of them, protecting the court from undue political influence.\u003c/p>\n\u003cp>The courts would be required to contract with nonprofit organizations to give legal orientations explaining the law and court procedures to everyone appearing in court. Immigrants would have the right to be represented by a lawyer, as they do now, but the bill does not propose providing counsel at government expense.\u003c/p>\n\u003cp>If enacted, the bill could help reduce the historic backlog in the courts by giving judges greater power to set aside cases where an immigrant is waiting for the government to process a green card or another legal way to remain in the country. But Lofgren acknowledged it would not eliminate it.\u003c/p>\n\u003cp>The Department of Homeland Security would still control how many cases it chooses to prosecute. However, last May, Biden administration officials restored the discretion that Immigration and Customs Enforcement prosecutors had during the Obama years to focus on deporting recently arrived unauthorized immigrants and those who pose a threat to national security or public safety.\u003c/p>\n\u003cp>Another measure that could affect court backlogs is a not-yet-final rule the Biden administration has proposed that would shift most asylum claims out of the immigration court system and decide them at the DHS asylum office.\u003c/p>\n\u003cp>Lofgren admitted that it could be an uphill battle to pass the bill in a polarized Congress. She said legal organizations had identified a number of Republicans who were open to the bill but unwilling to commit to be co-sponsors.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>I finally thought, I’m just going to introduce it myself, get it out there, and then people can see what it is and get comfortable with it,” she said. \u003cb>“\u003c/b>It’s quite possible it won’t happen in this Congress. It may take more than one Congress, but it’s important to get the idea out there.”\u003c/p>\n\u003cp>Overhauling the courts is not a particularly partisan issue, said Gulasekaram, and pitching a stand-alone bill could potentially get more bipartisan support than if it were attached to a larger immigration reform effort.\u003c/p>\n\u003cp>\u003cb>“\u003c/b>It might be the case that lots of people from different parts of our political spectrum are interested in lowering the backlog in immigration courts and making adjudications more fair,” he said.\u003c/p>\n\u003cp>But at last month’s hearing, Republicans on the immigration subcommittee were dismissive of an independent court system. Instead, they sought to focus attention on the U.S.-Mexico border, where asylum seekers from Central America and elsewhere have arrived in large numbers, and use that to attack Biden and Democrats for what they called “open border” policies.\u003c/p>\n\u003cp>But Lofgren said she’s determined to get the issue into the public eye.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“You never know when immigration issues touch your community or your family,” she said. “We should all be for the rule of law, and that’s what this is about. And I hope that it prevails.\u003ci>”\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11903829/immigration-court-bill-would-give-judges-independence-tackle-1-6m-case-backlog","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_8","news_13"],"tags":["news_27626","news_20202","news_6883","news_20857","news_20058","news_2013"],"featImg":"news_11903832","label":"news_72"},"news_11886227":{"type":"posts","id":"news_11886227","meta":{"index":"posts_1591205157","site":"news","id":"11886227","score":null,"sort":[1629937901000]},"guestAuthors":[],"slug":"like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","publishDate":1629937901,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I have to keep opening up the trunk and pulling out those memories.'[/pullquote]\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Homeland Security Secretary Alejandro Mayorkas\"]'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'[/pullquote]\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"asylum-seeker\"]\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dulce Garcia, Director of Border Angels\"]'If we're going to rework the system, I think there are better ways to do so.'[/pullquote]\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"Immigration Stories\" tag=\"immigration\"]\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Herrera, asylum seeker\"]'I wish that whatever’s going to happen, would just happen.'[/pullquote]\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","status":"publish","parent":0,"modified":1630015506,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":46,"wordCount":2176},"headData":{"title":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma | KQED","description":"Administration officials say the plan would lead to swifter decisions by shifting most asylum cases out of immigration court to non-adversarial interviews.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","datePublished":"2021-08-26T00:31:41.000Z","dateModified":"2021-08-26T22:05:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11886227 https://ww2.kqed.org/news/?p=11886227","disqusUrl":"https://ww2.kqed.org/news/2021/08/25/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma/","disqusTitle":"'Like Living Through It All Over Again': New Biden Plan Could Ease Impact on Asylum Seekers Asked to Recount Their Trauma","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/51991678-2330-4fd4-99ae-ad90010cd8f0/audio.mp3","path":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","audioDuration":271000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In 2015 a man named Herrera fled to the U.S. with his family after he says he became the target of political violence in his hometown in central Mexico. When they reached the San Francisco Bay Area, he applied for asylum. But security still feels elusive: His case in immigration court has dragged on for six years, and it involves grueling cross-examinations that he says rekindle the terror he experienced.\u003c/p>\n\u003cp>\"I didn’t want to remember the kidnapping or anything else because it’s really ugly,\" said Herrera, now 50 and a construction worker in San José. \"But I have to keep opening up the trunk and pulling out those memories.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I have to keep opening up the trunk and pulling out those memories.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He says a ruthless mob attacked his home one night, bashing in doors and windows, and kidnapped him for days over his involvement with a rival political campaign. When authorities told him they couldn’t protect him or his wife and three kids, he said he knew he had to get them to safety. Herrera spoke to KQED on the condition that he only be identified by one of his last names, because of fear that divulging his identity could hurt his asylum case.\u003c/p>\n\u003cp>With a \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">growing number of asylum seekers\u003c/a> at the U.S.-Mexico border, and U.S. immigration courts mired in an \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">epic backlog\u003c/a> of nearly 1.4 million cases, the Biden administration has proposed a fundamental change in the way asylum cases are decided. The \u003ca href=\"https://www.dhs.gov/news/2021/08/18/dhs-and-doj-publish-notice-proposed-rulemaking-make-asylum-process-more-efficient\">plan\u003c/a>, announced last week, aims to speed up the process and reduce pressure on the courts. It could also make the experience more humane for migrants fleeing persecution, like Herrera.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>The trauma is hard to shake\u003c/h2>\n\u003cp>Three hours into his last hearing, Herrera broke down sobbing on the witness stand, recalled his pro bono lawyer, Abby Sullivan Engen, a supervising immigration attorney with Oakland-based Centro Legal de la Raza. She said she asked the judge for a break but was denied.\u003c/p>\n\u003cp>\"[The judge] instead helped him to focus on his breathing and asked that he keep recounting his traumatic story,\" said Sullivan Engen, who found the experience disturbing. \"The prosecutor's sight remained fixed on her computer and desk, never once looking at this man crying profusely on the witness stand.\"\u003c/p>\n\u003cp>Just recounting the hostile questioning he experienced in immigration court, and his inability to satisfy the Immigration and Customs Enforcement prosecutor with every detail of the violence he suffered, was agitating for Herrera. In the middle of an interview with KQED over Zoom, he stopped suddenly, wiped his face and walked away, eventually returning with a bottle of cold water to drink.\u003c/p>\n\u003cfigure id=\"attachment_11886302\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11886302\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS51133_016_SanJose_Immigration_08232021-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Herrera and Gonzalez watch their son jump on the trampoline at their home on August 23, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Herrera’s wife — whom KQED agreed to refer to only by her last name, Gonzalez, so as not to jeopardize the case — remained on the living room couch.\u003c/p>\n\u003cp>\"He’s still really traumatized,\" she said. \"We’ve been through a lot, and each time we have to present it in court, it’s like living through it all over again.\"\u003c/p>\n\u003cp>Gonzalez said what’s hardest to see is the anxiety her children suffer each time their parents prepare to go to court. She said they’re still haunted by memories of watching the angry mob kidnap their father and threaten to burn them alive in their house.\u003c/p>\n\u003cp>\"Our children ask, ‘Mami, what’s going to happen if we have to go back there? Are we going to have to go live there again?'\" she said.\u003c/p>\n\u003ch2>Different systems for different asylum seekers\u003c/h2>\n\u003cp>Herrera was one of almost 64,000 people who applied for asylum in 2015 after reaching the U.S.-Mexico border. In 2020, the number was close to 200,000. And all of those cases must go through the immigration court system, where overstretched judges are often rushed and hearings are routinely delayed for months or years.\u003c/p>\n\u003cp>But not every asylum seeker goes through immigration court — only people who seek refuge at the time they are entering the country. The process is different for those who request protection after they’re already in the U.S. — on a student visa or as a tourist, for example. Those applicants are interviewed in an office setting by an asylum officer employed by U.S. Citizenship and Immigration Services.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">proposed rule\u003c/a> by the Department of Justice, which oversees the immigration courts, and the Department of Homeland Security, where U.S.C.I.S. is located, was published Aug. 20 in the Federal Register. It would send everyone who claims asylum at the border to the U.S.C.I.S. asylum office as well. One primary objective: Officials say adjudications would move faster than in immigration court, allowing cases to be decided in months, rather than years.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Homeland Security Secretary Alejandro Mayorkas","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,\" said Homeland Security Secretary Alejandro Mayorkas in a statement. \"We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.\"\u003c/p>\n\u003cp>The plan would help restore credibility to an immigration system that’s \"pretty badly broken,\" says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington, D.C., who has advocated for such a reform for several years.\u003c/p>\n\u003cp>\"The Biden administration’s new rule represents a fundamental retooling of the asylum system that preserves asylum as a bedrock element of the U.S. immigration system while also recognizing that a secure border and deterring unlawful crossings are legitimate and necessary attributes of an effective, credible immigration system,\" Meissner wrote in a recent \u003ca href=\"https://www.migrationpolicy.org/news/biden-asylum-processing-proposed-rule\">commentary\u003c/a>.\u003c/p>\n\u003cp>All asylum seekers must prove they meet the legal definition of a refugee: that they have suffered persecution, or fear that they will suffer persecution, in their home country due to their race, religion, nationality, political opinion or membership in a particular social group.\u003c/p>\n\u003cp>Having your case heard by a U.S.C.I.S. asylum officer doesn’t mean you’re more likely to be granted asylum, though. The annual approval rate from 2012 to 2020 in immigration court ranged from 26% to 53%. At U.S.C.I.S., it ranged from 27% to 48%.\u003c/p>\n\u003cp>But asylum officers have more specialized training on asylum law and country conditions around the world, according to Meissner. And supervision in the U.S.C.I.S. asylum division leads to greater consistency in asylum decisions compared to immigration courts, where the \u003ca href=\"https://trac.syr.edu/immigration/reports/judge2020/denialrates.html\">approval rates\u003c/a> of individual judges can vary from 0.9% of all cases to 96.7%, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"asylum-seeker"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The proposed rule would only affect future cases, not those currently in immigration court. But Sullivan Engen says if Herrera could have made his case to an asylum officer, rather than before a judge and a prosecutor, it would have been much less harrowing for him.\u003c/p>\n\u003cp>\"I won't say that it's completely non-adversarial because sometimes the officers do ask questions in a manner that’s a little bit more like a prosecutor. But as a general rule, the asylum officer’s task is to elicit the story,\" she said. \"The applicant doesn’t feel like they’re being grilled in the same way. A lot of the officers have training in trauma-informed approaches to interviewing ... It's just night and day.\"\u003c/p>\n\u003cp>Diego Aranda-Teixeira is a supervising attorney with Al Otro Lado, a cross-border legal services agency with offices in San Diego, Los Angeles and Tijuana. He says another important aspect of the Biden plan is that it would also allow the government to release some asylum seekers who’d otherwise be locked up while their cases proceed. The rule doesn’t require releasing detainees, but it gives officials leeway to decide that \"detention is unavailable or impracticable.\"\u003c/p>\n\u003cp>\"People are actively harmed by detention,\" said Aranda-Teixeira. \"It's bad for their mental health and really bad for their immigration case, because if you're new to the country and you're detained, who are you going to call? There are no public defenders for immigration ... When people get released, that really improves the chances they will get some kind of help.\"\u003c/p>\n\u003ch2>Questions of due process\u003c/h2>\n\u003cp>But not all immigrant advocates are convinced the new system would be an improvement.\u003c/p>\n\u003cp>Dulce Garcia, a San Diego immigration attorney and executive director of the advocacy group Border Angels, has seen the work of U.S.C.I.S. asylum officers up close when they perform another of their functions: conducting initial screenings, called \"credible fear interviews,\" of people who ask for asylum at the border. She said she often finds problems with those screenings, and that makes her skeptical about expanding the role of asylum officers further.\u003c/p>\n\u003cp>\"We've seen on the ground, those of us that work at the border, when you give so much power to someone in an arbitrary system, things usually go wrong and they don't favor migrants,\" she said. \"If we're going to rework the system, I think there are better ways to do so.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'If we're going to rework the system, I think there are better ways to do so.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dulce Garcia, Director of Border Angels","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia said she would rather see a broader overhaul to make the immigration courts independent of the Department of Justice and to build in greater due process protections. That’s a plan that has been endorsed by the American Bar Association and others, but would require Congress to act.\u003c/p>\n\u003cp>Human Rights First, a U.S.-based international human rights nonprofit, has also raised concerns. The group said it welcomed the proposal to allow asylum seekers to present their claims in the \"less traumatizing, non-adversarial setting\" of the U.S.C.I.S. asylum office. However, it criticized the government’s plan to continue to subject unauthorized migrants at the border to a fast-track deportation process known as \"expedited removal,\" unless they pass their initial asylum screening.\u003c/p>\n\u003cp>\"The proposed rule could be used and abused to rush asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases, leading U.S. agencies to return to persecution people who actually do qualify for asylum,\" said Eleanor Acer, the group’s senior director for refugee protection, in a \u003ca href=\"https://www.humanrightsfirst.org/press-release/human-rights-first-expresses-concern-some-proposed-asylum-changes\">statement\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Immigration Stories ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A provision that allows people to request an administrative review — but not a full appeal in immigration court — if their claim is denied by U.S.C.I.S. also raised a red flag.\u003c/p>\n\u003cp>\"The proposal’s restriction on access to immigration court hearings ... could limit their ability to present crucial evidence,\" Acer said.\u003c/p>\n\u003cp>Criticism also came from groups that favor further restrictions on immigration. The Center for Immigration Studies in Washington, D.C., \u003ca href=\"https://cis.org/Arthur/DHSDOJ-Propose-Changes-Asylum-Process-Border\">argued\u003c/a> that the proposed rule would give asylum seekers too much of a right to appeal and found fault with the rule for expanding discretion to release asylum seekers from detention.\u003c/p>\n\u003cp>Members of the public have until Oct. 19 to \u003ca href=\"https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat\">submit comments\u003c/a> on the proposed rule.\u003c/p>\n\u003ch2>New funding for asylum officers needed\u003c/h2>\n\u003cp>If the new plan goes into effect, the job of the nation’s nearly 800 asylum officers would expand by perhaps 150,000 claims per year, according to U.S.C.I.S. The agency currently has 350,000 pending cases, and the only way to actually speed up asylum adjudications under the new system would be to hire more staff. U.S.C.I.S. has announced plans to add 1,000 more asylum officers and 1,000 support staff to meet the workload. But that will depend on new funding, something Biden has requested of Congress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I wish that whatever’s going to happen, would just happen.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Herrera, asylum seeker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>U.S.C.I.S. asylum offices are located in San Francisco, Los Angeles and nine other major cities. Asylum officers also travel to perform interviews at additional U.S.C.I.S. field offices around the country.\u003c/p>\n\u003cp>As the Biden proposal makes its way through the federal rulemaking process, those currently seeking asylum through the overtaxed immigration courts must continue to wait. For Herrera, the six long years have been hard to bear.\u003c/p>\n\u003cp>\"It’s difficult,\" he said. \"For me personally, I wish that whatever’s going to happen, would just happen.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11886227/like-living-through-it-all-over-again-new-biden-plan-could-ease-impact-on-asylum-seekers-asked-to-recount-their-trauma","authors":["259"],"programs":["news_72"],"categories":["news_1169","news_6188","news_8"],"tags":["news_23087","news_29824","news_26233","news_20458","news_18538","news_2755","news_20649","news_24239","news_27626","news_29823","news_20202","news_6883","news_28316","news_22226","news_20058","news_22530","news_21628","news_26537"],"featImg":"news_11886356","label":"news_72"},"news_11883227":{"type":"posts","id":"news_11883227","meta":{"index":"posts_1591205157","site":"news","id":"11883227","score":null,"sort":[1627747217000]},"guestAuthors":[],"slug":"backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","publishDate":1627747217,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Doris Meissner, Migration Policy Institute\"]'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'[/pullquote]\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"immigration-courts\"]\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>[aside label=\"More Coverage\" tag=\"immigration\"]\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings\"]'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'[/pullquote]\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Dana Leigh Marks, National Association of Immigration Judges\"]'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'[/pullquote]\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","status":"publish","parent":0,"modified":1627830880,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1784},"headData":{"title":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul | KQED","description":"A Biden plan to empower asylum officers could help reduce an unprecedented case backlog. But some say the dysfunction in immigration courts goes deeper, and San Jose Rep. Zoe Lofgren is drafting a bill to make the courts truly independent.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","datePublished":"2021-07-31T16:00:17.000Z","dateModified":"2021-08-01T15:14:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11883227 https://ww2.kqed.org/news/?p=11883227","disqusUrl":"https://ww2.kqed.org/news/2021/07/31/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul/","disqusTitle":"Backlogged Immigration Courts Could Get Help From Biden Plan, But Some Want a Total Overhaul","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/354e6a2f-59a9-4aae-b6db-ad75011ce789/audio.mp3","path":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you are an immigrant requesting asylum or fighting deportation before the federal immigration court in San Francisco, it’s likely to take nearly three years for your case to be resolved — the \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/court_proctime_outcome.php\">average processing time\u003c/a>, as of June, was 1,057 days.\u003c/p>\n\u003cp>That's because the San Francisco court’s 26 judges are working their way through close to 76,000 cases — the third highest \u003ca href=\"https://trac.syr.edu/phptools/immigration/court_backlog/\">number of pending cases\u003c/a> in the country, after New York and Miami. Nationwide, the backlog has grown to an unprecedented 1.3 million cases, more than twice what it was when President Donald Trump took office.\u003c/p>\n\u003cp>What’s at stake, says Doris Meissner, a senior fellow at the Migration Policy Institute in Washington DC, is the credibility of the entire immigration system — both for the individuals whose futures are on the line, and for broader public confidence.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It's a system that is pretty badly broken,\" said Meissner, who ran the former Immigration and Naturalization Service under President Bill Clinton. \"So people who are waiting for decisions can be waiting for years at a time. The degree to which those decisions are delayed means that the full functioning of immigration as a system has an incredibly weak link.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's a system that is pretty badly broken. So people who are waiting for decisions can be waiting for years at a time.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Doris Meissner, Migration Policy Institute","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the nation's immigration courts may soon be in for some big changes that not only address the backlog but could also tackle the very structure of how justice is delivered to millions of immigrants fighting for the right to live legally in the United States.\u003c/p>\n\u003cp>In recent weeks, U.S. Attorney General Merrick Garland reversed several Trump-era decisions that had made winning asylum nearly impossible, especially for victims of domestic violence or gang violence. He also overturned a policy of former Attorney General Jeff Sessions that had stripped discretion from immigration judges over how they handle the flow of cases on their dockets.\u003c/p>\n\u003cp>And this week, in a \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/27/fact-sheet-the-biden-administration-blueprint-for-a-fair-orderly-and-humane-immigration-system/\">\"blueprint\"\u003c/a> for managing migration, President Joe Biden outlined a focus for improving the functioning of the immigration courts — especially the way asylum cases are decided.\u003c/p>\n\u003cp>\u003cstrong>Pandemic compounds backlog\u003c/strong>\u003c/p>\n\u003cp>The epic case backlog results from a convergence of factors.\u003c/p>\n\u003cp>Immigration enforcement, which had increased under President Barack Obama, \u003ca href=\"https://www.justice.gov/eoir/page/file/1242166/download\">ballooned\u003c/a> during the presidency of Donald Trump. Trump ended Obama-era prosecution priorities that focused on immigrants with serious criminal histories, and instead pursued deportation of any undocumented immigrant. As of last December, \u003ca href=\"https://trac.syr.edu/immigration/reports/637/\">more than 98%\u003c/a> of the cases in immigration court were for people whose only charge was an immigration violation, according to an analysis by the Transactional Records Access Clearinghouse at Syracuse University.\u003c/p>\n\u003cp>Also in the past several years, a much larger share of the migrants arriving at the U.S.-Mexico border are people requesting asylum, rather than trying to evade border authorities to come work or join family in the U.S. And if migrants can establish a \"credible fear\" of persecution in a screening interview with an asylum officer, they can’t be quickly removed from the country. Instead, \u003ca href=\"https://www.justice.gov/eoir/page/file/1106366/download\">their cases\u003c/a> go straight into the immigration court system.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"immigration-courts"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But that court system is chronically underfunded, with not enough judges or support staff, according to a \u003ca href=\"https://www.americanbar.org/content/dam/aba/publications/commission_on_immigration/2019_reforming_the_immigration_system_volume_2.pdf\">2019 report\u003c/a> by the American Bar Association. While the Trump administration hired more judges and imposed a case completion quota on judges meant to speed up their work, neither made a dent in the backlog. Meanwhile the ABA report found that hiring practices became politicized and the administration’s policies threatened due process.\u003c/p>\n\u003cp>On top of all of that came the COVID-19 pandemic, which led to months of closed courts, suspended hearings and delayed processing.\u003c/p>\n\u003cp>While many state and federal courts moved quickly to conduct hearings over video conference calls, the Executive Office of Immigration Review, as the immigration court system is known, was behind the curve, according to longtime San Francisco immigration judge, Dana Leigh Marks, who is the executive vice president of the National Association of Immigration Judges.\u003c/p>\n\u003cp>\"What the pandemic and quarantine restrictions revealed is just how abysmally prepared EOIR has been from the technology aspect,\" said Marks, speaking in her role with the NAIJ, the judge’s union. \"And we do not have universal electronic filing... so there's roughly a million cases or more that are still paper-based. And that really makes hearings from a judge's home much more problematic.\"\u003c/p>\n\u003cp>\u003cstrong>More judges, plus asylum officers who can decide claims\u003c/strong>\u003c/p>\n\u003cp>Biden has proposed increasing the budget to hire an additional 100 immigration judges, above the current 539, as well as more support staff. He would increase legal representation for immigrants, and create a dedicated court docket for asylum cases. But the biggest change would be to empower asylum officers to decide asylum claims that are currently handled by immigration judges.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.uscis.gov/sites/default/files/document/foia/USCIS_asylum_officers-Representative_Biggs.pdf\">nearly 800 asylum officers\u003c/a>, who work for U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, already conduct those initial credible fear screenings at the border. And they adjudicate the cases of people who claim asylum while already present in the U.S. But under the current system, if someone asks for asylum as they’re entering the country at a border, they have to make their case before an immigration judge.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Coverage ","tag":"immigration"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A third to a half of all the new cases in immigration court in the last few years have been asylum applications. Transferring those to asylum officers could make a big difference in reducing the court backlog, says Meissner, who has been advocating for such a change. And, she says, there are other advantages.\u003c/p>\n\u003cp>\"It's an interview process rather than a courtroom process... and it is more suitable for asylum seekers to be able to lay out their case and the reasons,\" she said. \"And asylum officers do only asylum cases, so that's their full training. They’re very well trained.\"\u003c/p>\n\u003cp>And if a person’s case is denied by an asylum officer, they still have the right to appeal to an immigration judge.\u003c/p>\n\u003cp>Meissner said she expects the administration will soon issue a proposed new rule to make this change.\u003c/p>\n\u003cp>Advocates for asylum seekers are also looking forward to seeing new regulations from the Biden administration in another area: establishing clear eligibility standards for asylum so as to prevent future instances where an attorney general can override decades of case law, as Sessions did in the case of a Salvadoran woman fleeing domestic violence, known as the \u003ca href=\"https://www.kqed.org/news/11871547/immigrant-advocates-urge-biden-administration-to-end-trump-bar-on-asylum-for-domestic-violence-victims\">Matter of A-B-\u003c/a>.\u003c/p>\n\u003cp>Karen Musalo, director of the Center on Gender and Refugee Studies at UC Hastings in San Francisco, said she was relieved when Garland reversed that ruling in June, but she called that just a first step in restoring fairness to the asylum system.\u003c/p>\n\u003cp>\"What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms,\" she said. \"We need to get the law back on track.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What is much more important is asylum regulations that specifically look at aligning U.S. law with international norms. We need to get the law back on track.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Karen Musalo, Center on Gender and Refugee Studies at UC Hastings","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That regulation is being drafted jointly by the departments of Justice and Homeland Security and is expected by late October, she said.\u003c/p>\n\u003cp>Musalo also called on the Biden administration to improve training and oversight for immigration judges, who are appointed to the bench by the U.S. attorney general. The fact that asylum grant rates vary wildly between judges suggests that rulings can be influenced by political leanings more than an impartial application of the law, she said.\u003c/p>\n\u003cp>\"You could have very good rules and laws, but if you don't have fair, unbiased, competent, professional individuals applying the rules in the law, you don't solve the problems,\" she said. \"How can you have a fair game when the referee is unfair?\"\u003c/p>\n\u003cp>\u003cstrong>Overhauling the entire immigration court system?\u003c/strong>\u003c/p>\n\u003cp>Some say the need for change goes beyond better staffing and training, and beyond measures to reduce the case backlog. They say the very structure of the immigration court system undermines its independence and compromises justice for immigrants.\u003c/p>\n\u003cp>The court agency, EOIR, is a branch of the Department of Justice, which is a law enforcement agency and part of the executive branch, not the judicial branch where federal civil and criminal courts are located. Immigration courts are part of an administrative law system, more like the one that handles appeals of Social Security decisions, for example. The federal rules of evidence don’t apply in immigration court. And though immigrants have the right to be represented by a lawyer, they don’t have the right to counsel at government expense if they can’t afford their own lawyer, the way a criminal defendant does.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dana Leigh Marks, National Association of Immigration Judges","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Legal organizations including the American Bar Association, the American Immigration Lawyers Association and NAIJ, the judges’ union, have long called on Congress to overhaul the immigration courts by taking them out of the Department of Justice altogether. And this summer there’s a move to do just that.\u003c/p>\n\u003cp>Rep. Zoe Lofgren, D-San Jose, the chair of the House immigration subcommittee, will soon introduce a bill to make the immigration court system a so-called Article I court, akin to federal tax court or bankruptcy court. Staff involved in drafting the bill say the new system would better protect due process of law and would be shielded from political pressure from presidents, be they Democratic or Republican.\u003c/p>\n\u003cp>Some observers, including Meissner and Musalo, say such a change is needed but they aren't convinced the bill could win enough support to pass.\u003c/p>\n\u003cp>But Marks, the immigration judge, says the current dysfunction shows how badly the immigration courts are compromised and how urgently they need independence from the Department of Justice.\u003c/p>\n\u003cp>\"It's an uncomfortable and inappropriate placement for a neutral court system. And that's the inherent structural flaw that we need Congress to fix,\" she said. \"I really feel like it is an idea whose time has come... now.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11883227/backlogged-immigration-courts-could-get-help-from-biden-plan-but-some-want-a-total-overhaul","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_29739","news_23087","news_20202","news_6883","news_20377","news_19267","news_29738","news_22226","news_20058","news_26537"],"featImg":"news_11883280","label":"news"},"news_11829763":{"type":"posts","id":"news_11829763","meta":{"index":"posts_1591205157","site":"news","id":"11829763","score":null,"sort":[1595295042000]},"guestAuthors":[],"slug":"federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","title":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","publishDate":1595295042,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Oakland was among the half dozen major U.S. cities that President Trump said Monday would soon see “more federal law enforcement,” while lauding the recent deployment of federal agents in Portland, Oregon.\u003c/p>\n\u003cp>The Hill \u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\">posted the comments\u003c/a> Trump made to reporters from the Oval Office.\u003c/p>\n\u003cp>“We're not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these — Oakland is a mess. We're not going to let this happen in our country,” Trump said, before noting that all of those cities are “run by liberal Democrats.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Oakland Mayor Libby Schaaf\"]'We are not experiencing any civil unrest right now. But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.'[/pullquote]\u003c/p>\n\u003cp>Trump went on to say that federal officers have done a “fantastic job” in Portland. “No problem,” he said. “They grab 'em — a lot of people in jail. Their leaders — these are anarchists, these are not protesters.”\u003c/p>\n\u003cp>Unsurprisingly, the response from Oakland leaders has been fast and furious.\u003c/p>\n\u003cp>“People have a constitutional right to protest,” East Bay Democratic Rep. Barbara Lee responded on Twitter. “Stay away from Oakland.”\u003c/p>\n\u003cp>In a quickly issued statement, Oakland Mayor Libby Schaaf said, “Oakland needs COVID relief — not troops — from our President. He should stop slandering diverse, progressive cities like Oakland in his racist dog whistles and divisive campaign tactics.\"\u003c/p>\n\u003cp>Trump's comments come after Oregon Public Broadcasting last week reported unidentified \u003ca href=\"https://www.npr.org/2020/07/17/892277592/federal-officers-use-unmarked-vehicles-to-grab-protesters-in-portland\">federal agents in camouflage and tactical gear\u003c/a> firing tear gas and non-lethal rounds at demonstrators in Portland, and pulling some protesters into unmarked vans, in an effort to quell the city's more than 50 consecutive nights of protests against racism and police brutality.\u003c/p>\n\u003cp>https://twitter.com/RepBarbaraLee/status/1285317749170896899?s=20\u003c/p>\n\u003cp>Following outcry from Portland city officials and the governor, Oregon's attorney general \u003ca href=\"https://www.npr.org/2020/07/18/892617402/oregon-to-sue-federal-agencies-over-protest-enforcement\" target=\"_blank\" rel=\"noopener noreferrer\">filed a lawsuit\u003c/a> Friday accusing officers from U.S. Customs and Border Protection and other federal agencies of violating the constitutional right of protesters, \u003ca href=\"https://www.opb.org/news/article/federal-law-enforcement-unmarked-vehicles-portland-protesters/\" target=\"_blank\" rel=\"noopener noreferrer\">OPB\u003c/a> reported.\u003c/p>\n\u003cp>\"Ordinarily, a person exercising his right to walk through the streets of Portland who is confronted by anonymous men in military-type fatigues and ordered into an unmarked van can reasonably assume that he is being kidnapped and is the victim of a crime,\" the \u003ca href=\"http://opb-imgserve-production.s3-website-us-west-2.amazonaws.com/original/ag_rosenblum_xxxx_updated_complaint_1595086491349.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> states.\u003c/p>\n\u003cp>The U.S. Justice and Homeland Security departments did not respond to requests for comment. But a recent \u003ca href=\"https://www.dhs.gov/news/2020/07/19/backgrounder-day-50-continued-violence-portland\" target=\"_blank\" rel=\"noopener noreferrer\">DHS press release\u003c/a> accused \"violent anarchists\" of laying siege to a federal courthouse over the weekend and shooting fireworks at the building, \"attempting to injure or kill federal officers.\" The perpetrators also \"attempted to blind federal officers by targeting their eyes with laser weapons,\" according to DHS statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Unlike in Portland, Bay Area demonstrations against police violence have subsided in recent weeks.\u003c/p>\n\u003cp>“We are not experiencing any civil unrest right now,\" Schaaf said in her statement. \"But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.”\u003c/p>\n\u003cp>The Oakland Police Department \"has not, nor would we, request federal assistance to address crowd management within our city,\" a department spokeswoman said in an emailed response.\u003c/p>\n\u003cp>[aside label=\"more protest coverage\" tag=\"george-floyd\"]But the exact role of the\u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\" target=\"_blank\" rel=\"noopener noreferrer\"> 175 federal agents\u003c/a> that Trump threatened to deploy is unclear. In his remarks Monday, Trump cited spikes in violent crime in New York and Chicago. Oakland, too, has seen a rise in homicides and shootings compared to this time last year, according to the Police Department.\u003c/p>\n\u003cp>Federal assistance for violent crime investigations is nothing new. The FBI, for example, has long assisted OPD with homicide investigations. But that's a different role than crowd management, and arresting people for vandalism is unlikely to affect murder rates.\u003c/p>\n\u003cp>California Democratic Sen. Kamala Harris was among seven U.S. lawmakers who introduced legislation Monday to curtail some of the federal enforcement tactics seen in Portland.\u003c/p>\n\u003cp>The legislation, introduced as an amendment to the National Defense Authorization Act, would require federal officers to be clearly identified and limit their crowd control activities to federal property. It would also require public notice within 24 hours when agents are deployed, including the reason for their deployment.\u003c/p>\n\u003cp>“Donald Trump is ordering unidentified law enforcement to violate Americans’ civil rights,” Harris said in a statement. “These actions are those of an authoritarian regime and do not represent who we are as a nation. I call on my colleagues in the Senate to pass this measure immediately — we are better than this.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Trump included Oakland in a list of cities he said would soon see 'more federal law enforcement,' while praising the controversial tactics of federal officers in Portland.","status":"publish","parent":0,"modified":1595361679,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":793},"headData":{"title":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats' | KQED","description":"Trump included Oakland in a list of cities he said would soon see 'more federal law enforcement,' while praising the controversial tactics of federal officers in Portland.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","datePublished":"2020-07-21T01:30:42.000Z","dateModified":"2020-07-21T20:01:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11829763 https://ww2.kqed.org/news/?p=11829763","disqusUrl":"https://ww2.kqed.org/news/2020/07/20/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks/","disqusTitle":"After Portland, Trump Threatens to Send Federal Agents to Oakland and Other Cities 'Run by Liberal Democrats'","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/1d0a73fb-c2e5-4ea7-a6b2-abff011446f3/audio.mp3","path":"/news/11829763/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","audioDuration":68000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Oakland was among the half dozen major U.S. cities that President Trump said Monday would soon see “more federal law enforcement,” while lauding the recent deployment of federal agents in Portland, Oregon.\u003c/p>\n\u003cp>The Hill \u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\">posted the comments\u003c/a> Trump made to reporters from the Oval Office.\u003c/p>\n\u003cp>“We're not going to let New York and Chicago and Philadelphia and Detroit and Baltimore and all of these — Oakland is a mess. We're not going to let this happen in our country,” Trump said, before noting that all of those cities are “run by liberal Democrats.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are not experiencing any civil unrest right now. But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Oakland Mayor Libby Schaaf","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Trump went on to say that federal officers have done a “fantastic job” in Portland. “No problem,” he said. “They grab 'em — a lot of people in jail. Their leaders — these are anarchists, these are not protesters.”\u003c/p>\n\u003cp>Unsurprisingly, the response from Oakland leaders has been fast and furious.\u003c/p>\n\u003cp>“People have a constitutional right to protest,” East Bay Democratic Rep. Barbara Lee responded on Twitter. “Stay away from Oakland.”\u003c/p>\n\u003cp>In a quickly issued statement, Oakland Mayor Libby Schaaf said, “Oakland needs COVID relief — not troops — from our President. He should stop slandering diverse, progressive cities like Oakland in his racist dog whistles and divisive campaign tactics.\"\u003c/p>\n\u003cp>Trump's comments come after Oregon Public Broadcasting last week reported unidentified \u003ca href=\"https://www.npr.org/2020/07/17/892277592/federal-officers-use-unmarked-vehicles-to-grab-protesters-in-portland\">federal agents in camouflage and tactical gear\u003c/a> firing tear gas and non-lethal rounds at demonstrators in Portland, and pulling some protesters into unmarked vans, in an effort to quell the city's more than 50 consecutive nights of protests against racism and police brutality.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1285317749170896899"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Following outcry from Portland city officials and the governor, Oregon's attorney general \u003ca href=\"https://www.npr.org/2020/07/18/892617402/oregon-to-sue-federal-agencies-over-protest-enforcement\" target=\"_blank\" rel=\"noopener noreferrer\">filed a lawsuit\u003c/a> Friday accusing officers from U.S. Customs and Border Protection and other federal agencies of violating the constitutional right of protesters, \u003ca href=\"https://www.opb.org/news/article/federal-law-enforcement-unmarked-vehicles-portland-protesters/\" target=\"_blank\" rel=\"noopener noreferrer\">OPB\u003c/a> reported.\u003c/p>\n\u003cp>\"Ordinarily, a person exercising his right to walk through the streets of Portland who is confronted by anonymous men in military-type fatigues and ordered into an unmarked van can reasonably assume that he is being kidnapped and is the victim of a crime,\" the \u003ca href=\"http://opb-imgserve-production.s3-website-us-west-2.amazonaws.com/original/ag_rosenblum_xxxx_updated_complaint_1595086491349.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">lawsuit\u003c/a> states.\u003c/p>\n\u003cp>The U.S. Justice and Homeland Security departments did not respond to requests for comment. But a recent \u003ca href=\"https://www.dhs.gov/news/2020/07/19/backgrounder-day-50-continued-violence-portland\" target=\"_blank\" rel=\"noopener noreferrer\">DHS press release\u003c/a> accused \"violent anarchists\" of laying siege to a federal courthouse over the weekend and shooting fireworks at the building, \"attempting to injure or kill federal officers.\" The perpetrators also \"attempted to blind federal officers by targeting their eyes with laser weapons,\" according to DHS statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Unlike in Portland, Bay Area demonstrations against police violence have subsided in recent weeks.\u003c/p>\n\u003cp>“We are not experiencing any civil unrest right now,\" Schaaf said in her statement. \"But I can think of nothing more likely to incite it than the presence of Trump-ordered military troops into Oakland.”\u003c/p>\n\u003cp>The Oakland Police Department \"has not, nor would we, request federal assistance to address crowd management within our city,\" a department spokeswoman said in an emailed response.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more protest coverage ","tag":"george-floyd"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the exact role of the\u003ca href=\"https://thehill.com/homenews/administration/508138-trump-signals-he-will-send-federal-agents-to-major-cities\" target=\"_blank\" rel=\"noopener noreferrer\"> 175 federal agents\u003c/a> that Trump threatened to deploy is unclear. In his remarks Monday, Trump cited spikes in violent crime in New York and Chicago. Oakland, too, has seen a rise in homicides and shootings compared to this time last year, according to the Police Department.\u003c/p>\n\u003cp>Federal assistance for violent crime investigations is nothing new. The FBI, for example, has long assisted OPD with homicide investigations. But that's a different role than crowd management, and arresting people for vandalism is unlikely to affect murder rates.\u003c/p>\n\u003cp>California Democratic Sen. Kamala Harris was among seven U.S. lawmakers who introduced legislation Monday to curtail some of the federal enforcement tactics seen in Portland.\u003c/p>\n\u003cp>The legislation, introduced as an amendment to the National Defense Authorization Act, would require federal officers to be clearly identified and limit their crowd control activities to federal property. It would also require public notice within 24 hours when agents are deployed, including the reason for their deployment.\u003c/p>\n\u003cp>“Donald Trump is ordering unidentified law enforcement to violate Americans’ civil rights,” Harris said in a statement. “These actions are those of an authoritarian regime and do not represent who we are as a nation. I call on my colleagues in the Senate to pass this measure immediately — we are better than this.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11829763/federal-agents-to-police-oakland-protests-plans-unclear-despite-trumps-remarks","authors":["3206"],"categories":["news_6188","news_8"],"tags":["news_22185","news_17725","news_1323","news_27626","news_28031","news_6905","news_18","news_416","news_28283","news_22226","news_20058"],"featImg":"news_11823867","label":"news"},"news_11810638":{"type":"posts","id":"news_11810638","meta":{"index":"posts_1591205157","site":"news","id":"11810638","score":null,"sort":[1586005203000]},"guestAuthors":[],"slug":"defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","title":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","publishDate":1586005203,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>\u003cem>Updated Monday, April 6, 2:30 pm\u003c/em>\u003c/p>\n\u003cp>Lawyers for defendants in federal court in San Diego — including hundreds of migrants charged with illegally crossing the U.S.-Mexico border — said their clients are at imminent risk from coronavirus in jail, and they’ve issued an urgent call for defendants to be released on bail.\u003c/p>\n\u003cp>“Jails are uniquely dangerous settings for COVID-19,” wrote Kathryn Nester, executive director of the Federal Defenders of San Diego, in a letter this week to Sen. Kamala Harris. “A COVID-19 crisis in our jails will greatly exacerbate the pandemic in our communities,” the letter said.\u003c/p>\n\u003cp>Nester told Harris that the U.S. Attorney’s Office in San Diego has consistently denied requests by defense attorneys to agree to bail for people charged with non-violent offenses, in spite of the risk of COVID-19 transmission in the region’s three federal detention facilities.\u003c/p>\n\u003cp>She asked the senator to pressure the U.S. Justice Department to release inmates awaiting trial and to take legislative action to speed up “the immediate release of as many inmates as possible.”\u003c/p>\n\u003cp>The call comes as coronavirus begins to surge through jails and prisons around the country, including 167 cases in Chicago’s Cook County Jail as of Thursday, and more than 239 at Riker’s Island in New York City by Friday.\u003c/p>\n\u003cp>California prison officials announced plans this week to \u003ca href=\"https://www.kqed.org/news/11810000/state-prisons-plan-early-release-of-3500-inmates-to-combat-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">release almost 3,500 inmates\u003c/a> early to combat the spread of coronavirus.\u003c/p>\n\u003cp>And sheriffs in the Bay Area and beyond have also begun releasing some low-level inmates. San Francisco has \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\" target=\"_blank\" rel=\"noopener noreferrer\">reduced its jail population by 25%\u003c/a> in recent weeks, according to SF District Attorney Chesa Boudin.\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"https://www.kqed.org/news/11810060/ice-detainees-in-panic-over-coronavirus-await-ruling-on-release\" target=\"_blank\" rel=\"noopener noreferrer\">advocates for detained immigrants have filed lawsuits\u003c/a> around the country demanding U.S. Immigration and Customs Enforcement (ICE) release medically vulnerable people from ICE detention.\u003c/p>\n\u003cp>On Thursday, a federal judge ordered six people released from the Adelanto ICE Processing Center in San Bernardino County.\u003c/p>\n\u003cp>Harris is “exploring options,” to answer the defense attorneys’ plea for help, according to her aides.\u003c/p>\n\u003cp>\"The allegations raised are deeply concerning,\" Harris said in a statement.\u003c/p>\n\u003cp>\"Prosecutors must make responsible charging decisions that eliminate unnecessary or excessive incarceration, especially during the coronavirus crisis,\" she added, stating that the Justice Department must address the matter \"urgently and re-evaluate how it is enforcing and detaining individuals.\"\u003c/p>\n\u003cp>In San Diego, in response to the Federal Defenders’ charge that his office is ignoring the risk of COVID-19, San Diego’s U.S. Attorney Robert Brewer said federal prosecutors are taking an active role to protect health and safety.\u003c/p>\n\u003cp>Brewer said they are meeting regularly with stakeholders, including defense attorneys, court officials and the jails, to respond to the coronavirus crisis, and are working directly with the Federal Defenders to release scores of inmates willing to plead guilty and accept a sentence of “time served.”\u003c/p>\n\u003cp>[aside tag=\"coronavirus, covid-19\" label=\"More Coronavirus Coverage\"]\u003c/p>\n\u003cp>“We have dramatically reduced our intake of new, reactive cases while continuing to focus on our mission to protect the public,” wrote Brewer in a statement, adding, “prosecutions are continuing... but we have elected to issue \u003ca href=\"https://www.uscis.gov/legal-resources/notice-appear-policy-memorandum\" target=\"_blank\" rel=\"noopener noreferrer\">Notices to Appear\u003c/a> in federal court to many of those individuals rather than taking them into custody.”\u003c/p>\n\u003cp>The Federal Defenders office, a non-profit legal service provider, represents about 1,500 indigent people charged with federal crimes — about half of all those in San Diego’s federal court with a court-appointed lawyer. The vast majority of the organization’s clients are charged with non-violent offenses, and more than half face prosecution for immigration offenses such as illegal entry or illegal re-entry to the U.S., lawyers said.\u003c/p>\n\u003cp>Because of the COVID-19 pandemic, lawyers with the Federal Defenders of San Diego have stopped visiting clients in jail, and are meeting with them by phone.\u003c/p>\n\u003cp>In recent days, attorneys have been gathering information from clients about coronavirus conditions in San Diego’s three federal jails: the Metropolitan Correctional Center, run by the U.S. Bureau of Prisons; the Western Region Detention Facility, run by the private company GEO Group; and the Otay Mesa Detention Center, run by another private company CoreCivic.\u003c/p>\n\u003cp>So far 45 inmates have responded to the questionnaire, and most have voiced fear of the disease and offered evidence that the jails are under pressure from the pandemic, said Joshua Jones, senior litigator at Federal Defenders.\u003c/p>\n\u003cp>Among the concerns Jones documented:\u003c/p>\n\u003cul>\n\u003cli>Sleeping arrangements make social distancing impossible, including in dorm-style units at the Metropolitan Correctional Center where bunks are spaced “an arm’s distance” apart and people report being “packed like sardines;”\u003c/li>\n\u003cli>At meals and in TV rooms at the MCC and GEO Group facilities, people sit side by side, with up to eight people at a table;\u003c/li>\n\u003cli>To reach the dining hall at the Core Civic facility, 20-25 people are squeezed into a locked sally port, where they stand shoulder to shoulder;\u003c/li>\n\u003cli>Insufficient soap is provided at all three jails, showers and bathrooms are shared by dozens of people and not cleaned between uses;\u003c/li>\n\u003cli>The water was off for three days at the GEO Group facility recently;\u003c/li>\n\u003cli>Inmates at MCC report sick detainees coughing for days, with some spitting blood into open trash cans, and one man who had to be carried to the bathroom by fellow detainees;\u003c/li>\n\u003cli>Guards at the GEO Group facility continue to perform physical searches and pat-downs of inmates;\u003c/li>\n\u003cli>At least one guard at the Core Civic facility was diagnosed with COVID-19 and several inmates showed symptoms of the disease;\u003c/li>\n\u003cli>And some inmates do not want to report their symptoms for fear of being isolated in solitary confinement.\u003c/li>\n\u003c/ul>\n\u003cp>“There’s no way to prevent the fact that guards are coming in and out,” of the jails, said Jones. “Any introduction of COVID is going to spread like wildfire.”\u003c/p>\n\u003cp>Responding to the findings of the questionnaire, Ryan Gustin, public affairs manager for CoreCivic, said that the company had learned on April 2 that a second employee at the Otay Mesa Detention Center had tested positive for COVID-19. Gustin said that the worker's last shift was on March 20 and the person was currently isolated at home under medical supervision.\u003c/p>\n\u003cp>\"Notification was made to other employees or contractors who may have been in contact with the individual who tested positive,\" said Gustin in a statement. \"Any employees who are known to have had direct contact with this individual will be directed to self-quarantine at home for 14 days, as recommended by the CDC.\u003c/p>\n\u003cp>Gustin also pointed KQED to a CoreCivic \u003ca href=\"https://www.corecivic.com/en/corecivic-statement-on-covid-19-prevention\">statement\u003c/a> about COVID-19 prevention, which says the company began preparing in January. The company's plan includes: screening inmates and employees when they enter a facility; encouraging staff and inmates to wash hands and maintain social distance; disinfecting surfaces and providing gloves to guards conducting searches.\u003c/p>\n\u003cblockquote class=\"\">\n\u003cdiv class=\"\">\n\u003cdiv class=\"WordSection1\">\u003c/div>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>A GEO group spokesperson released a statement to KQED through the company’s public relations firm.\u003c/p>\n\u003cp>“We strongly reject these unfounded allegations, which we believe are being instigated by outside groups with political agendas,\" the GEO statement said.\u003c/p>\n\u003cp>The public relations firm, Stutzman Public Affairs, also pointed to the company’s COVID-19 \u003ca href=\"https://www.geogroup.com/COVID19\" target=\"_blank\" rel=\"noopener noreferrer\">web page\u003c/a>, which says that GEO Group facilities are not overcrowded and provide access to regular hand-washing and round-the-clock health care.\u003c/p>\n\u003cp>The Bureau of Prisons did not respond to requests for comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Lawyers report unsafe conditions that could spread COVID-19 in federal jails near the border, calling on Sen. Kamala Harris to intervene with the U.S. Justice Department.","status":"publish","parent":0,"modified":1586214356,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1277},"headData":{"title":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread | KQED","description":"Lawyers report unsafe conditions that could spread COVID-19 in federal jails near the border, calling on Sen. Kamala Harris to intervene with the U.S. Justice Department.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","datePublished":"2020-04-04T13:00:03.000Z","dateModified":"2020-04-06T23:05:56.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11810638 https://ww2.kqed.org/news/?p=11810638","disqusUrl":"https://ww2.kqed.org/news/2020/04/04/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread/","disqusTitle":"Defense Attorneys Call for Releases From San Diego Federal Jails to Prevent Virus Spread","source":"Coronavirus","sourceUrl":"https://www.kqed.org/coronavirus","path":"/news/11810638/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated Monday, April 6, 2:30 pm\u003c/em>\u003c/p>\n\u003cp>Lawyers for defendants in federal court in San Diego — including hundreds of migrants charged with illegally crossing the U.S.-Mexico border — said their clients are at imminent risk from coronavirus in jail, and they’ve issued an urgent call for defendants to be released on bail.\u003c/p>\n\u003cp>“Jails are uniquely dangerous settings for COVID-19,” wrote Kathryn Nester, executive director of the Federal Defenders of San Diego, in a letter this week to Sen. Kamala Harris. “A COVID-19 crisis in our jails will greatly exacerbate the pandemic in our communities,” the letter said.\u003c/p>\n\u003cp>Nester told Harris that the U.S. Attorney’s Office in San Diego has consistently denied requests by defense attorneys to agree to bail for people charged with non-violent offenses, in spite of the risk of COVID-19 transmission in the region’s three federal detention facilities.\u003c/p>\n\u003cp>She asked the senator to pressure the U.S. Justice Department to release inmates awaiting trial and to take legislative action to speed up “the immediate release of as many inmates as possible.”\u003c/p>\n\u003cp>The call comes as coronavirus begins to surge through jails and prisons around the country, including 167 cases in Chicago’s Cook County Jail as of Thursday, and more than 239 at Riker’s Island in New York City by Friday.\u003c/p>\n\u003cp>California prison officials announced plans this week to \u003ca href=\"https://www.kqed.org/news/11810000/state-prisons-plan-early-release-of-3500-inmates-to-combat-coronavirus\" target=\"_blank\" rel=\"noopener noreferrer\">release almost 3,500 inmates\u003c/a> early to combat the spread of coronavirus.\u003c/p>\n\u003cp>And sheriffs in the Bay Area and beyond have also begun releasing some low-level inmates. San Francisco has \u003ca href=\"https://www.kqed.org/news/11809081/san-francisco-da-joins-growing-call-to-release-ice-detainees-during-pandemic\" target=\"_blank\" rel=\"noopener noreferrer\">reduced its jail population by 25%\u003c/a> in recent weeks, according to SF District Attorney Chesa Boudin.\u003c/p>\n\u003cp>Meanwhile, \u003ca href=\"https://www.kqed.org/news/11810060/ice-detainees-in-panic-over-coronavirus-await-ruling-on-release\" target=\"_blank\" rel=\"noopener noreferrer\">advocates for detained immigrants have filed lawsuits\u003c/a> around the country demanding U.S. Immigration and Customs Enforcement (ICE) release medically vulnerable people from ICE detention.\u003c/p>\n\u003cp>On Thursday, a federal judge ordered six people released from the Adelanto ICE Processing Center in San Bernardino County.\u003c/p>\n\u003cp>Harris is “exploring options,” to answer the defense attorneys’ plea for help, according to her aides.\u003c/p>\n\u003cp>\"The allegations raised are deeply concerning,\" Harris said in a statement.\u003c/p>\n\u003cp>\"Prosecutors must make responsible charging decisions that eliminate unnecessary or excessive incarceration, especially during the coronavirus crisis,\" she added, stating that the Justice Department must address the matter \"urgently and re-evaluate how it is enforcing and detaining individuals.\"\u003c/p>\n\u003cp>In San Diego, in response to the Federal Defenders’ charge that his office is ignoring the risk of COVID-19, San Diego’s U.S. Attorney Robert Brewer said federal prosecutors are taking an active role to protect health and safety.\u003c/p>\n\u003cp>Brewer said they are meeting regularly with stakeholders, including defense attorneys, court officials and the jails, to respond to the coronavirus crisis, and are working directly with the Federal Defenders to release scores of inmates willing to plead guilty and accept a sentence of “time served.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"coronavirus, covid-19","label":"More Coronavirus Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We have dramatically reduced our intake of new, reactive cases while continuing to focus on our mission to protect the public,” wrote Brewer in a statement, adding, “prosecutions are continuing... but we have elected to issue \u003ca href=\"https://www.uscis.gov/legal-resources/notice-appear-policy-memorandum\" target=\"_blank\" rel=\"noopener noreferrer\">Notices to Appear\u003c/a> in federal court to many of those individuals rather than taking them into custody.”\u003c/p>\n\u003cp>The Federal Defenders office, a non-profit legal service provider, represents about 1,500 indigent people charged with federal crimes — about half of all those in San Diego’s federal court with a court-appointed lawyer. The vast majority of the organization’s clients are charged with non-violent offenses, and more than half face prosecution for immigration offenses such as illegal entry or illegal re-entry to the U.S., lawyers said.\u003c/p>\n\u003cp>Because of the COVID-19 pandemic, lawyers with the Federal Defenders of San Diego have stopped visiting clients in jail, and are meeting with them by phone.\u003c/p>\n\u003cp>In recent days, attorneys have been gathering information from clients about coronavirus conditions in San Diego’s three federal jails: the Metropolitan Correctional Center, run by the U.S. Bureau of Prisons; the Western Region Detention Facility, run by the private company GEO Group; and the Otay Mesa Detention Center, run by another private company CoreCivic.\u003c/p>\n\u003cp>So far 45 inmates have responded to the questionnaire, and most have voiced fear of the disease and offered evidence that the jails are under pressure from the pandemic, said Joshua Jones, senior litigator at Federal Defenders.\u003c/p>\n\u003cp>Among the concerns Jones documented:\u003c/p>\n\u003cul>\n\u003cli>Sleeping arrangements make social distancing impossible, including in dorm-style units at the Metropolitan Correctional Center where bunks are spaced “an arm’s distance” apart and people report being “packed like sardines;”\u003c/li>\n\u003cli>At meals and in TV rooms at the MCC and GEO Group facilities, people sit side by side, with up to eight people at a table;\u003c/li>\n\u003cli>To reach the dining hall at the Core Civic facility, 20-25 people are squeezed into a locked sally port, where they stand shoulder to shoulder;\u003c/li>\n\u003cli>Insufficient soap is provided at all three jails, showers and bathrooms are shared by dozens of people and not cleaned between uses;\u003c/li>\n\u003cli>The water was off for three days at the GEO Group facility recently;\u003c/li>\n\u003cli>Inmates at MCC report sick detainees coughing for days, with some spitting blood into open trash cans, and one man who had to be carried to the bathroom by fellow detainees;\u003c/li>\n\u003cli>Guards at the GEO Group facility continue to perform physical searches and pat-downs of inmates;\u003c/li>\n\u003cli>At least one guard at the Core Civic facility was diagnosed with COVID-19 and several inmates showed symptoms of the disease;\u003c/li>\n\u003cli>And some inmates do not want to report their symptoms for fear of being isolated in solitary confinement.\u003c/li>\n\u003c/ul>\n\u003cp>“There’s no way to prevent the fact that guards are coming in and out,” of the jails, said Jones. “Any introduction of COVID is going to spread like wildfire.”\u003c/p>\n\u003cp>Responding to the findings of the questionnaire, Ryan Gustin, public affairs manager for CoreCivic, said that the company had learned on April 2 that a second employee at the Otay Mesa Detention Center had tested positive for COVID-19. Gustin said that the worker's last shift was on March 20 and the person was currently isolated at home under medical supervision.\u003c/p>\n\u003cp>\"Notification was made to other employees or contractors who may have been in contact with the individual who tested positive,\" said Gustin in a statement. \"Any employees who are known to have had direct contact with this individual will be directed to self-quarantine at home for 14 days, as recommended by the CDC.\u003c/p>\n\u003cp>Gustin also pointed KQED to a CoreCivic \u003ca href=\"https://www.corecivic.com/en/corecivic-statement-on-covid-19-prevention\">statement\u003c/a> about COVID-19 prevention, which says the company began preparing in January. The company's plan includes: screening inmates and employees when they enter a facility; encouraging staff and inmates to wash hands and maintain social distance; disinfecting surfaces and providing gloves to guards conducting searches.\u003c/p>\n\u003cblockquote class=\"\">\n\u003cdiv class=\"\">\n\u003cdiv class=\"WordSection1\">\u003c/div>\n\u003c/div>\n\u003c/blockquote>\n\u003cp>A GEO group spokesperson released a statement to KQED through the company’s public relations firm.\u003c/p>\n\u003cp>“We strongly reject these unfounded allegations, which we believe are being instigated by outside groups with political agendas,\" the GEO statement said.\u003c/p>\n\u003cp>The public relations firm, Stutzman Public Affairs, also pointed to the company’s COVID-19 \u003ca href=\"https://www.geogroup.com/COVID19\" target=\"_blank\" rel=\"noopener noreferrer\">web page\u003c/a>, which says that GEO Group facilities are not overcrowded and provide access to regular hand-washing and round-the-clock health care.\u003c/p>\n\u003cp>The Bureau of Prisons did not respond to requests for comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11810638/defense-attorneys-call-for-releases-from-san-diego-federal-jails-to-prevent-virus-spread","authors":["259"],"categories":["news_1169","news_6188","news_8"],"tags":["news_18821","news_27350","news_27504","news_27626","news_24238","news_20202","news_2069","news_61","news_4486","news_2249","news_20058"],"featImg":"news_11810767","label":"source_news_11810638"},"news_11763452":{"type":"posts","id":"news_11763452","meta":{"index":"posts_1591205157","site":"news","id":"11763452","score":null,"sort":[1564094987000]},"guestAuthors":[],"slug":"new-life-for-death-penalty","title":"New Life for Death Penalty","publishDate":1564094987,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>U.S. Attorney General William Barr is \u003ca href=\"http://bit.ly/fioreexecution\" target=\"_blank\" rel=\"noopener\">reviving the federal death penalty\u003c/a> and ordered the Federal Bureau of Prisons to schedule five executions.\u003c/p>\n\u003cp>The federal government hasn't carried out an execution in 16 years.\u003c/p>\n\u003cp>The nation's zeal for executions is not what it once was, and the Obama administration came close to \u003ca href=\"https://www.nytimes.com/2015/04/30/us/white-house-balks-on-ending-death-penalty.html?module=inline\" target=\"_blank\" rel=\"noopener\">issuing a moratorium\u003c/a>.\u003c/p>\n\u003cp>And as we all know, if it was something President Obama did — President Trump and his administration like to do the opposite.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"U.S. Attorney General William Barr is reviving the federal death penalty and ordered the Federal Bureau of Prisons to schedule five executions.","status":"publish","parent":0,"modified":1564097253,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":82},"headData":{"title":"New Life for Death Penalty | KQED","description":"U.S. Attorney General William Barr is reviving the federal death penalty and ordered the Federal Bureau of Prisons to schedule five executions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New Life for Death Penalty","datePublished":"2019-07-25T22:49:47.000Z","dateModified":"2019-07-25T23:27:33.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11763452 https://ww2.kqed.org/news/?p=11763452","disqusUrl":"https://ww2.kqed.org/news/2019/07/25/new-life-for-death-penalty/","disqusTitle":"New Life for Death Penalty","path":"/news/11763452/new-life-for-death-penalty","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Attorney General William Barr is \u003ca href=\"http://bit.ly/fioreexecution\" target=\"_blank\" rel=\"noopener\">reviving the federal death penalty\u003c/a> and ordered the Federal Bureau of Prisons to schedule five executions.\u003c/p>\n\u003cp>The federal government hasn't carried out an execution in 16 years.\u003c/p>\n\u003cp>The nation's zeal for executions is not what it once was, and the Obama administration came close to \u003ca href=\"https://www.nytimes.com/2015/04/30/us/white-house-balks-on-ending-death-penalty.html?module=inline\" target=\"_blank\" rel=\"noopener\">issuing a moratorium\u003c/a>.\u003c/p>\n\u003cp>And as we all know, if it was something President Obama did — President Trump and his administration like to do the opposite.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11763452/new-life-for-death-penalty","authors":["3236"],"series":["news_18515"],"categories":["news_8"],"tags":["news_25304","news_20126","news_18282","news_20949","news_20058"],"featImg":"news_11763458","label":"news_18515"},"news_11680826":{"type":"posts","id":"news_11680826","meta":{"index":"posts_1591205157","site":"news","id":"11680826","score":null,"sort":[1531778927000]},"guestAuthors":[],"slug":"not-so-fast-2","title":"Not So Fast","publishDate":1531778927,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>A federal judge in California \u003ca href=\"http://bit.ly/fioredeportation\" target=\"_blank\" rel=\"noopener\">ordered a temporary halt\u003c/a> to all deportations of reunited families separated at the border by the Trump administration.\u003c/p>\n\u003cp>U.S. District Judge Dana Sabraw called for a delay of at least a week after the American Civil Liberties Union cautioned that the Trump administration may immediately deport families once they were reunited.\u003c/p>\n\u003cp>Judge Sabraw took Justice Department lawyers to task on Friday, accusing them of presenting a \"parade of horribles\" designed to sow fear about the court's order to reunite families promptly.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A federal judge in California ordered a temporary halt to all deportations of reunited families separated at the border by the Trump administration.","status":"publish","parent":0,"modified":1531778927,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":90},"headData":{"title":"Not So Fast | KQED","description":"A federal judge in California ordered a temporary halt to all deportations of reunited families separated at the border by the Trump administration.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Not So Fast","datePublished":"2018-07-16T22:08:47.000Z","dateModified":"2018-07-16T22:08:47.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11680826 https://ww2.kqed.org/news/?p=11680826","disqusUrl":"https://ww2.kqed.org/news/2018/07/16/not-so-fast-2/","disqusTitle":"Not So Fast","path":"/news/11680826/not-so-fast-2","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge in California \u003ca href=\"http://bit.ly/fioredeportation\" target=\"_blank\" rel=\"noopener\">ordered a temporary halt\u003c/a> to all deportations of reunited families separated at the border by the Trump administration.\u003c/p>\n\u003cp>U.S. District Judge Dana Sabraw called for a delay of at least a week after the American Civil Liberties Union cautioned that the Trump administration may immediately deport families once they were reunited.\u003c/p>\n\u003cp>Judge Sabraw took Justice Department lawyers to task on Friday, accusing them of presenting a \"parade of horribles\" designed to sow fear about the court's order to reunite families promptly.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11680826/not-so-fast-2","authors":["3236"],"series":["news_18515"],"categories":["news_1169","news_6188","news_8","news_13"],"tags":["news_23725","news_23720","news_23456","news_20949","news_20058"],"featImg":"news_11680835","label":"news_18515"},"news_11654804":{"type":"posts","id":"news_11654804","meta":{"index":"posts_1591205157","site":"news","id":"11654804","score":null,"sort":[1520645582000]},"guestAuthors":[],"slug":"trump-administration-sues-california-wildfire-investigation-jennifer-bravos-story","title":"Trump Administration Sues California, Wildfire Investigation, Jennifer Bravo’s Story","publishDate":1520645582,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>Trump Administration Sues California Over Immigration Laws\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Wednesday, U.S. Attorney General Jeff Sessions announced a lawsuit against California over the state’s sanctuary policies. At issue are three state laws that Sessions says are unconstitutional because they obstruct federal authorities’ efforts to detain and deport undocumented immigrants. Sessions made his announcement at an annual gathering of the California Peace Officers’ Association (CPOA). We get reaction from CPOA Deputy Director Shaun Rundle.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Political Analysis\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">We get further legal and political analysis of the lawsuit against California. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Joe Garofoli, San Francisco Chronicle reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Professor David Levine, UC Hastings College of the Law\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Lessons from the North Bay Fires\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">A five-month KQED investigation into missteps made during last fall’s North Bay wildfires found widespread failures in the state and local emergency response systems. In some cases, alerts telling residents to evacuate didn’t go out until it was too late, while electrical fires and downed power lines added to the challenges of fighting the fires.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Marisa Lagos, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Sukey Lewis, KQED criminal justice reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Jennifer Bravo’s Story\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Her father was deported in 2012, and her mother has been in immigration detention for a year. High school senior Jennifer Bravo has had to learn how to get along without her parents, reports Lorin Eleni Gill, a student at the UC Berkeley Graduate School of Journalism.\u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"U.S. Attorney General Jeff Sessions announced a lawsuit against California over the state’s sanctuary policies. ","status":"publish","parent":0,"modified":1521077006,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":240},"headData":{"title":"Trump Administration Sues California, Wildfire Investigation, Jennifer Bravo’s Story | KQED","description":"U.S. Attorney General Jeff Sessions announced a lawsuit against California over the state’s sanctuary policies. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Administration Sues California, Wildfire Investigation, Jennifer Bravo’s Story","datePublished":"2018-03-10T01:33:02.000Z","dateModified":"2018-03-15T01:23:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11654804 https://ww2.kqed.org/news/?p=11654804","disqusUrl":"https://ww2.kqed.org/news/2018/03/09/trump-administration-sues-california-wildfire-investigation-jennifer-bravos-story/","disqusTitle":"Trump Administration Sues California, Wildfire Investigation, Jennifer Bravo’s Story","videoEmbed":"https://youtu.be/PnN4k-oT2to","path":"/news/11654804/trump-administration-sues-california-wildfire-investigation-jennifer-bravos-story","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Trump Administration Sues California Over Immigration Laws\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">On Wednesday, U.S. Attorney General Jeff Sessions announced a lawsuit against California over the state’s sanctuary policies. At issue are three state laws that Sessions says are unconstitutional because they obstruct federal authorities’ efforts to detain and deport undocumented immigrants. Sessions made his announcement at an annual gathering of the California Peace Officers’ Association (CPOA). We get reaction from CPOA Deputy Director Shaun Rundle.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Political Analysis\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">We get further legal and political analysis of the lawsuit against California. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Joe Garofoli, San Francisco Chronicle reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Professor David Levine, UC Hastings College of the Law\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Lessons from the North Bay Fires\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">A five-month KQED investigation into missteps made during last fall’s North Bay wildfires found widespread failures in the state and local emergency response systems. In some cases, alerts telling residents to evacuate didn’t go out until it was too late, while electrical fires and downed power lines added to the challenges of fighting the fires.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Marisa Lagos, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Sukey Lewis, KQED criminal justice reporter\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>Jennifer Bravo’s Story\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400\">Her father was deported in 2012, and her mother has been in immigration detention for a year. High school senior Jennifer Bravo has had to learn how to get along without her parents, reports Lorin Eleni Gill, a student at the UC Berkeley Graduate School of Journalism.\u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv 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News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>The U.S. Department of Justice demanded records and \u003ca href=\"http://bit.ly/marksubpoena\">threatened to subpoena sanctuary cities\u003c/a>, with Attorney General Jeff Sessions issuing a statement saying \"enough is enough.\"\u003c/p>\n\u003cp>The Justice Department issued letters to 23 different jurisdictions this week, requesting (under threat of subpoena) documents relating to local \"sanctuary city\" policies.\u003c/p>\n\u003cp>California officials received nine of the letters, with San Francisco Mayor Mark Farrell receiving a letter on his first day on the job.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The U.S. Department of Justice demanded records and threatened to subpoena sanctuary cities this week, with Attorney General Jeff Sessions issuing a statement saying \"enough is enough.\"\r\n","status":"publish","parent":0,"modified":1517006592,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":74},"headData":{"title":"Sessions' Subpoena Threat | KQED","description":"The U.S. Department of Justice demanded records and threatened to subpoena sanctuary cities this week, with Attorney General Jeff Sessions issuing a statement saying "enough is enough."\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Sessions' Subpoena Threat","datePublished":"2018-01-26T22:43:12.000Z","dateModified":"2018-01-26T22:43:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11644642 https://ww2.kqed.org/news/?p=11644642","disqusUrl":"https://ww2.kqed.org/news/2018/01/26/sessions-subpoena-threat/","disqusTitle":"Sessions' Subpoena Threat","path":"/news/11644642/sessions-subpoena-threat","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Department of Justice demanded records and \u003ca href=\"http://bit.ly/marksubpoena\">threatened to subpoena sanctuary cities\u003c/a>, with Attorney General Jeff Sessions issuing a statement saying \"enough is enough.\"\u003c/p>\n\u003cp>The Justice Department issued letters to 23 different jurisdictions this week, requesting (under threat of subpoena) documents relating to local \"sanctuary city\" policies.\u003c/p>\n\u003cp>California officials received nine of the letters, with San Francisco Mayor Mark Farrell receiving a letter on his first day on the job.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.","airtime":"SAT 4pm-5pm","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/reveal300px.png","officialWebsiteLink":"https://www.revealnews.org/episodes/","meta":{"site":"news","source":"npr"},"link":"/radio/program/reveal","subscribe":{"apple":"https://itunes.apple.com/us/podcast/reveal/id886009669","tuneIn":"https://tunein.com/radio/Reveal-p679597/","rss":"http://feeds.revealradio.org/revealpodcast"}},"says-you":{"id":"says-you","title":"Says You!","info":"Public radio's game show of bluff and bluster, words and whimsy. 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