Homeland Security Chief Says ‘Worst Is Over’ In Border Kid Crisis

In what’s being spun as good news, the U.S. Homeland Security Secretary Jeh Johnson says “the worst is over” for the border kid crisis, with the number of child migrants picked up at the southern borders dropping to the lowest levels in a year and six months.

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

As reported by NPR: Detainees sleep and watch television in a holding cell where hundreds of mostly Central American immigrant children are being processed at a U.S. Customs facility in Nogales, Texas.

The New York magazine was among those scoffing at the downplaying of the crisis, writing that “… that’s right, only — only?! — 3,141 desperate Central American children found their way to the U.S. last month, down from the 10,000 our borders saw each month in May and June. Over 132,000 undocumented immigrants total have entered the U.S. in the last year.

The immigration courts backlog for the children is believed to be around 400,000 cases and advocacy groups are protesting both the lack of legal representation for many of the migrants along with a “rocket docket” policy that moves the children ahead of others awaiting their day in the Justice Department courts.

Read the New York Mag report here: DHS Chief: ‘Worst Is Over’ in Border Crisis

Immigration Court Rationing Retains Attention

The “Border Kid” refugee/immigration crisis continues to gain attention, with media coverage moving away from the sheer numbers (nearly 400,000 cases pending, for example) into the human interest stories. A good case in point is a Daily Beast online report from the New York immigration court. New York City, like San Francisco, is providing some legal representation assistance for the kids, which assists an array of non-profit and religious groups offering some assistance. But the DB points out that New York is second only to Texas in how many cases it must accept in the new “rocket docket” policy for the children.

The DB also notes that “… the U.S. government is not legally required to provide a lawyer for people going through immigration proceedings—even for young kids. So New York-based advocacy groups like the Safe Passage Project, The Door, the Legal Aid Society, Catholic Charities and the American Immigration Lawyers Association have sprung into action, rallying volunteers, interpreters and pro bono attorneys in a joint effort to help guide the Border Kids through the complex and confusing world of immigration court.”

The volume is staggering, with lawyers being given weeks to prepare cases they feel should take months. Read the report from the courthouse here: The Border Kid Crisis Hits the Courts

NYC Steps Up To Aid C.A. Immigrants

You can add the Big Apple to the list of cities providing representation for those Central American children seeking refuge in the United States. The NYC government has announced that it would place representatives at federal immigration court, joining San Francisco which is actually funding attorneys to represent some of the children.

The New York Times is reporting that judges are also stepping in: “… the hundreds of children who recently arrived in New York City from Central America have encountered a justice system that appears more forgiving than many faced by their counterparts elsewhere. In an immigration courtroom in Lower Manhattan, they have often met judges who have steered them through the legal process with a gentle hand.”

The NYT also says that “… more and more children face deportation hearings under an accelerated court process meant to deal with the influx of unaccompanied minors, health and education officials have begun offering advice just outside the courtroom, closing a gap that officials say has left children in limbo.”

Report: Immigration Wait For Non-Detained Average 900 Days

Hearst News is reporting that “… non-detained immigrants now face an average 900-day wait for their cases to be resolved in the country’s immigration courts, according to an official in the Executive Office for Immigration Review.” That is even higher than the previous average time of 520 days, which was based on data gathered by the Transactional Records Access Clearinghouse [TRAC] at Syracuse University and included some cases where people were detained in federal custody.“Detained cases, they try to move more quickly,” TRAC Research Center director Susan Long told Hearst. “Secondly, most of those don’t have attorneys, and therefore they get deported. Removal decisions move much more quickly than any one that has an application for relief.

The story also noted that “… nationally, as of Sept. 30, 2013, EOIR had 350,330 pending cases. That’s up 56 percent from the 223,707 cases pending on Sept. 30, 2009. Between 2009 and the start of the influx of unaccompanied minors from Central America at the U.S.-Mexico border earlier this year, the number of new cases received in immigration courts actually was in decline, EOIR’s statistics show.”

Asbestos Victims Might Reopen Cases In Wake Of BASF Appeal Finding

Hollywood may have its next true-to-life legal story and asbestos victims with long-settled lawsuits against BASF Catalysts may have new claims in the wake of a federal appeals court ruling. Judges found that the the company “… and its attorneys must face claims that they fraudulently concealed evidence that the company’s talc products contained asbestos, forcing many asbestos victims to dismiss or settle their tort claims,” according to The Courthouse News and other sources.

Judge Julio Fuentes, writing a three-judge panel in the 3rd Circuit, said that “… we conclude that the [lower] District Court erred when it dismissed the fraud and fraudulent concealment claims. The amended class action complaint properly alleges the elements of fraud and fraudulent concealment – namely that BASF and Cahill lied about and destroyed the asbestos evidence to plaintiffs’ detriment. Neither the New Jersey litigation privilege nor pleading requirements stand in the way of these claims.”

The Courthouse News added that, “… however, the court found it premature to make a ruling on any particular legal defense that defendants might make if plaintiffs seek to reopen state cases.”

The report offered, by way of background and plot twist: “The scheme collapsed in a recent lawsuit when a former research chemist for Engelhard testified that he had discovered asbestos in the company’s talc many years ago, and had been instructed to turn over all of his talc-related records. This testimony triggered discovery of potentially concealed documents, of which many were found kept secretly in a Cahill storage facility.”

Read the report here: Courthouse News Service