GGG – Immigration and Zero Tolerance

Global Gals Gathering 6/27/2019

Attendees: Heather, Megan, Sharon, Kristin, Leigh, Orchidea, Shea, Susan, Julie

Immigration and Zero Tolerance

Martha Hall was a public defender, federal office in San Diego under Judy Clark. Now in private practice working with court appointed defendants.

What is happening at the border and the criminal courtrooms along the border. Jeff Sessions and Donald Trump started zero tolerance for immigration. It is a crime to cross the border without papers (no visa, not a US citizen, no MICA???).    For decades, it was enforced for people with criminal history. People were not prosecuted for a crime. Deportation is not a criminal remedy, it is an administration remedy. The current administration would like to build a rap sheet on individuals.

In Arizona, try to prosecute 100 per day. Anyone we catch who crosses the border, will be prosecuted. Not prosecuting children, but they are incarcerating children. In Texas and Arizona, they call it “streamlining” the process. Started the “streamline” process under the Obama administration. “Streamline” is misdemeanor court trying to get same day trial, max 6 months. Under Trump, started zero tolerance, wholesale arrest of everyone.

Federal employees are federal public defenders. Federal prosecuters have to prosecute under the federal law. Southern District, federal district within California, have said they are not following the zero tolerance policy. The system is designed to deny due process.

Asylum seekers: turn themselves into Border Patrol “credible fear”

UT article, number of migrants coming across, same number as in the 1980s. US now arresting, zero tolerance, we arrest everyone who comes across.

Deporting veterans and military families. If you have a greencard and you commit a crime, you are deportable.

Magistrate is a clerical judge, administrative – not a lifetime appointment. Magistrates don’t make the final decision. Only appointed judges can make the final decision.

Children are held by immigration – no right to counsel because immigration is not a criminal proceeding. Pro bono organizations and supporters of the migrants:

Casa Cornelia
Otro Lado
Border Angels
Catholic Charities

San Diego does not have courtrooms with hundreds of people. Keeping number down to 40 people per day. The SD district is fighting the zero tolerance.

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