from the middle-finger-government-at-it-again dept
By any means, necessary or not: that’s how this administration gets its bigoted version of immigration enforcement done. The surges targeting cities and states that Trump doesn’t feel are loyal enough are a double-edged sword. They punish states run by Democratic party members simply for being run by Democratic party members. And they flood courts with more cases than they can possibly handle, allowing the government to deny rights/deport people at scale.
The government doesn’t always get away with it. But given the scale, the government generally doesn’t get reined in until long after massive amounts of damage has been done.
That’s the case here in Maryland, where a lawsuit, that was initiated shortly after Trump began sending Venezuelans to El Salvador’s hellhole prison for purely punitive reasons, continues to play out. It involves a Venezuelan asylum seeker who was ejected from the country via Trump’s non-wartime invocation of the Alien Enemies Act to excuse the government’s refusal to respect due process rights.
As is the case with many federal judges dealing with Trump’s war on migrants, Maryland federal judge Stephanie Gallagher no longer takes the government at its word. That’s why she has been ordering immigration officials to testify in court, where they can be cross-examined and/or questioned by the judge herself.
And that’s the last thing this government wants, because it can’t even survive the minimal judicial scrutiny of its filed motions, which are usually crafted by teams of lawyers and not by the front-line employees and supervisors judges are ordering to testify.
David Kurtz of Talking Points Memo attended a recent hearing hosted by Judge Gallagher in this long-running case. Gallagher and the plaintiff’s attorney wanted to know why the government seemed to be violating an existing court order when it wrongfully removed two other asylum seekers in February.
What they heard instead was the perhaps inadvertent admission by the government that the three known (and potentially illegal removals) being discussed were pretty much just a rounding error:
Before today, the number of wrongfully deported asylum seekers in the case was thought to be less than a dozen. But under persistent questioning from plaintiff’s counsel, U.S. Citizenship and Immigration Services asylum officer Kimberly Sicard testified that in the past three to four weeks it had come to her attention that more than 100 asylum seekers covered by the settlement agreement have been removed. She put the number in the “low 100s.”
That’s insane. Those are the actions of a government that truly does not care what illegal acts it engages in so long as they contribute to the end goal of subtracting non-white people from this nation.
And it’s obviously intentional. That much was made clear in Sicard’s testimony.
Asked how the additional removals had come to her attention, Sicard said she wasn’t sure of the exact process but that officials had “queried systems.” As part of the process of notifying ICE of the wrongful removals, the matter went to the office of chief counsel at USCIS three to four weeks ago, Sicard said.
That means the government can query its detention databases in order to prevent possibly illegal removals. It also means the government can find out how many illegal removals it might have engaged in. The “three or four weeks” just means the USCIS chief counsel spent a lot of time trying to figure out how to legally justify illegal removals that now total in the “low hundreds.” And it means all of these things are either rarely used (or, more likely, deliberately ignored) by government agencies that have all been tasked with respecting rights first and carrying out their missions second.
Speaking of ignoring things, this revelation may never have occurred if the government had even attempted to comply with the judge’s previous court order:
The revelation was the pinnacle of a day of frustration for Gallagher. She had listed in her order calling the hearing five topics on which she expected the Trump administration to produce witnesses “with personal knowledge” to testify. The government failed to produce such witnesses.
“Failed” just means “refused” under Trump and his bigoted sidekicks. Because this administration felt this was just another court order it could ignore, someone without “personal knowledge” of the topics under discussion was sent to court to take the heat. And because she wasn’t expected to offer anything but shrugs, the USCIS lawyer responded honestly to questions that apparently weren’t covered by whatever minimal guidance DHS offered before she was put on the stand.
It’s this sort of sloppy arrogance that’s going to continue to derail some of the worst things this administration wants to do. And we’re safe to assume the arrogance and sloppiness will continue, because Trump has made absolutely no effort to rid himself of loyalists, no matter how sloppy, stupid, and undeservedly arrogant they are.
Filed Under: dhs, doj, ice, kimberly sicard, maryland, mass deportations, stephanie gallagher, trump administration, uscis
