BRINGING OUR CONSTITUTION BACK TO LIFE — AN IMPORTANT FIRST STEP: “JAYAPAL, SMITH INTRODUCE LEGISLATION TO REFORM IMMIGRATION DETENTION SYSTEM!”

https://www.theindianpanorama.news/unitedstates/jayapal-smith-introduce-legislation-reform-immigration-detention-system/

From Indian Panorama:

“WASHINGTON (TIP): Congressman Adam Smith (WA-09) and Indian American Congresswoman Pramila Jayapal (WA-07) introduced, on Oct 3, the Dignity for Detained Immigrants Act, legislation to reform the systemic problems in immigration detention system. This bill will end the use of private facilities and repeal mandatory detention, while restoring due process, oversight, accountability, and transparency to the immigration detention system.

“The high moral cost of our inhumane immigration detention system is reprehensible. Large, private corporations operating detention centers are profiting off the suffering of men, women and children. We need an overhaul,” said Congresswoman Jayapal. “It’s clear that the Trump administration is dismantling the few protections in place for detained immigrants even as he ramps up enforcement against parents and vulnerable populations. This bill addresses the most egregious problems with our immigration detention system. It’s Congress’ responsibility to step up and pass this bill.”

“We must fix the injustices in our broken immigration detention system,” said Congressman Adam Smith. “As the Trump administration continues to push a misguided and dangerous immigration agenda, we need to ensure fair treatment and due process for immigrants and refugees faced with detention. This legislation will address some of the worst failings of our immigration policy, and restore integrity and humanity to immigration proceedings.”

In addition to repealing mandatory detention, a policy that often results in arbitrary and indefinite detention, the legislation creates a meaningful inspection process at detention facilities to ensure they meet the government’s own standards. The bill requires the Department of Homeland Security (DHS) to establish legally enforceable civil detention standards in line with those adopted by the American Bar Association. With disturbing track records of abuse and neglect, DHS has a responsibility to ensure that facilities are held accountable for the humane treatment of those awaiting immigration proceedings.

Individuals held in immigration detention system are subject to civil law, but are often held in conditions identical to prisons. In many cases, detained people are simply awaiting their day in court. To correct the persistent failures of due process, the legislation requires the government to show probable cause to detain people, and implements a special rule for primary caregivers and vulnerable populations, including pregnant women and people with serious medical and mental health issues.”

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Since these guys are Democrats, their bill is obviously DOA. But, it is important to start “laying down markers” — even symbolic ones — for the future.

As a  former administrative judge who was required to administer and enforce mandatory detention (under DOJ rules, we were not permitted to consider the constitutionality of the mandatory detention statutes and the DHS implementing regulations) for the better part of two decades, I can assure you that it was a totally unnecessary, grossly wasteful, and stunningly unhumane blot on our national conscience and our reputation as a nation that adheres to principles of simple human decency.

There is absolutely no reason why U.S. Imigration Judges cannot determine who needs to be detained as a flight risk or a danger to the community and who doesn’t! But, for that to happen, we also need an independent Article I U.S. Immigration Court not beholden to the Attorney General (particularly one like Jeff “Gonzo Apocalypto” Sessions with a perverse ignorance of Constitutional protections, an overwhelming bias against immigrants, and a record largely devoid of notable acts of human decency.)

Every study conducted during the last Administration, including DHS’s own Advisory Committee, found serious problems and inadequate conditions in private detention and recommended that it be eliminated. Former Attorney General Loretta Lynch actually announced an end to private detention for criminals. Yet, remarkably and unconscionably, the response of the Trump Administration, led by Gonzo Apocalypto, was to double down and expand the use of expensive, inhumane private detention for convicted criminals and for “civil” immigration detainees whose sole “crime” is to seek justice from the courts in America.

Thanks much to Nolan Rappaport for sending this in!

PWS

10-06-17

 

BHUTANESE REFUGEES REJUVENATING AKRON, OHIO — Refugees Are People, Adjusting To A New Life, And Making America A Better Country — “We understand that it’s not just the right thing to do as human beings,” she said, “but it has amazing social and economic consequences.” — AMERICA NEEDS MORE REFUGEES, LESS TRUMP, LESS SESSIONS, LESS MILLER, LESS BANNON, LESS “AYATOLLAH ROY!”

http://www.huffingtonpost.com/entry/akron-ohio-bhutanese-refugees_us_59ca88cfe4b0cdc773353640

M.L. Schultze reports for HuffPost:

Thanks “AKRON, Ohio ― Akron owes its only population growth since the turn of the century to a kingdom on the other side of the Earth. As many as 5,000 Nepalis, who held onto their culture during centuries in Bhutan and decades in refugee camps in Nepal, have made their way here during the last decade.

They went to work in the Gojo plant, enrolled their kids in public schools and learned how to navigate roads, snow and U.S. society. But real success in resettling refugees “means moving people from surviving to thriving,” says Eileen Wilson, who runs refugee outreach for a Cleveland agency called Building Hope in the City.

 

MADDIE MCGARVEY FOR HUFFPOST
Family Groceries in Akron, Ohio.
Thriving means different things to different people. In Akron, it’s come to mean a dozen Nepalese shops and restaurants in what were once abandoned storefronts on North Hill. It means neighborhoods where long-slumping home sales are recovering. It means a cricket pitch in the park, a Nepalese bed-and-breakfast, and the migration of refugees from Houston, Atlanta, Chicago and New York ― the kinds of places Akron is used to losing people to.

It also means that a once alarmingly high suicide rate among refugees has dwindled.

Akron has declared itself a “Welcoming Community,” and Deputy Mayor Annie McFadden says the city and its newest residents are establishing a synergy.

Listen to America, a HuffPost Road Trip
HuffPost is hitting the road this fall to interview people about their hopes, dreams, fears ― and what it means to be American today.
Thirty-nine-year-old Amber Subba has lived the Akron migration story from the beginning. On his Facebook page, he introduces himself as Bhutanese-Nepali-American.

Subba and his family came to Akron in 2008. They’d spent more than 17 years in a refugee camp in Nepal. They’d been forced there when he was 11 by the Bhutanese government’s campaign for a national identity ― one that had no room for people of Nepalese descent who held onto their language and culture.

As refugee camps go, Subba says, the seven clustered in southwest Nepal weren’t bad: Refugees organized systems of commerce, education and self-governance. But more than 100,000 people were also living with annual monsoons and periodic fires, little privacy and constant uncertainty, including how much longer Nepal would let them stay.

In late 2006, President George W. Bush surprised the refugee resettlement world by announcing the U.S. would accept up to 60,000 Bhutanese refugees. Most of America barely noticed, but local, federally chartered agencies like the International Institute of Akron started to make plans.

Subba acknowledges his adopted city wasn’t exactly prepared.

Jobs were scarce. Language was the great isolator. The laws and customs were unknown.

Practically “nobody had a car,” Subba said. “Nobody had driver’s licenses and we didn’t have proper training about how to use the bus. And we didn’t know about snow and things like that.”

Still, he said, “we survived.”

In fact, Subba did quite a bit more than survive. He rose from interpreter to case manager at the institute, became a U.S. citizen and was president of the Bhutanese Community Association of Akron. He composes folk music ― love songs played on streaming radio and easily recognized in the world of the Nepalese diaspora.

His was the first marriage outside the tight circle of Akron’s Bhutanese community. His wife, Tiffany Ann Stacy, enjoys their definition of family that extends well beyond their two children.

As with most families in their culture, Subba’s parents live with them. “It’s really nice, because my kids don’t go to day care,” she said. “They spend the day in the garden digging in the dirt, growing vegetables and learning two languages.”

“The best thing is I’m never lonely,” she joked. “The worst thing is, I’m never alone.”

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Read the rest of the story at the link.

Compare the human decency and humanity described in this article with the selfishness, grotesque cowardice, prejudice, and indecency of the Trump Administration. Refugees make us better; Trump makes us worse!

PWS

10-02-17

 

 

 

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17

WASHPOST: Voter Fraud Is Not a Threat, But Kris Kobach is Both A Fraud & A Threat To Our Democracy!

The Editorial Board writes:

“Aha, says Mr. Kobach, writing at Breitbart, the right-wing website, “now there’s proof” of fraud: “It seems that they never were bona fide residents of the State.”

In fact, when New Hampshire Public Radio examined the data earlier this year, it found that more than two-thirds of 5,900 day-of-election registrants who had out-of-state driver’s licenses lived in college towns, indicating most were students voting perfectly legally. Again, on most of the state’s biggest residential campuses, a majority of students — usually a sizable majority — are from out of state. That’s true at the University of New Hampshire, Dartmouth College, Keene State College, Franklin Pierce University and others.

 

It’s also true at Saint Anselm College in Manchester, N.H., where on Tuesday Mr. Kobach attempted to defend his baseless claim at a meeting of the Presidential Advisory Commission on Election Integrity. Under fire for his tendentious claims, which he used to cast doubt on the narrow victories in New Hampshire of Hillary Clinton and now-Sen. Maggie Hassan, both Democrats, he said: “Until further research is done, we will never know the answer regarding the legitimacy of this particular election.”

That’s Mr. Kobach at his most insidious, using innuendo, but never actual evidence, to impugn and subvert American democracy.”

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Kobach is a long-standing racist, White Nationalist, and xenophobe whose mission is to promote a primarily anti-Hispanic agenda that includes suppressing the votes not only of Hispanics but of other minorities and the poor because he and his cronies deem them to be “unsuitable” for the franchise. What greater proof of unsuitability can there be than that many of the foregoing are thought to vote for Democrats.

Kobach is out to insure that a minority of White Nationalists and their GOP “fellow travelers” (which would be virtually every other GOP pol and voter who consistently refuse to stand up and expose Kobach’s charade) maintain control over the rest of us in the majority. And no lie, fabrication, or misrepresentation is too low for him to go.

But, in the end, it’s the GOP electorate (particularly in Kansas), President Trump, and the “establishment” GOP pols (like Mitt Romney and Mike Pence) who have enabled this toxic anti-American dude. The rest of us need to come up with a strategy to “retire” Kobach to the fringes of alt-right “fake radio” where he belongs. He certainly is totally undeserving of a voice on the national political scene.

PWS

09-18-17

 

 

THIS IS DUE PROCESS? — 10th Cir. Rips BIA’s Anti-Asylum Decision-Making — BIA Ignores Record, Makes Up Law To “Stick It” To PRC Asylum Seeker! — Qiu v. Sessions! — “The nonsensical nature of the BIA’s supposed reasoning on this point is illustrative of the BIA’s failure to give fair consideration to any of the arguments in Petitioner’s motion to reopen in this case, and it represents the very definition of an abuse of discretion!” — Read My Latest “Mini-Essay” — “HOW THE BIA FAILS TO PROVIDE FAIRNESS AND DUE PROCESS TO ASYLUM SEEKERS!”

16-9522

Qiu v. Sessions, 10th Cir., 09-12-17

PANEL: PHILLIPS, McKAY, and McHUGH, Circuit Judges.

OPINION BY: Judge McKay

KEY QUOTES:

The BIA held that Petitioner had not submitted sufficient evidence to show a change in country conditions, and thus that her motion to reopen was untimely under 8 U.S.C. § 1229a(c)(7)(C). The BIA first held that Petitioner had not submitted sufficient evidence to show that the treatment of Christians in China has worsened since her 2011 immigration hearing. This factual finding is not supported by substantial—or, indeed, any—evidence in the record. The agency provided no rational explanation as to how numerous accounts of a 300 percent increase in the persecution of Christians, “unprecedented violations” of religious freedoms beginning in 2014, and possibly “the most egregious and persistent” wave of persecution against Christians since the Cultural Revolution of 1966–76 was insufficient to show that the treatment of Christians in China had worsened since 2011. Nor is there anything in the record that would contradict Petitioner’s extensive evidence of a substantial increase in the government’s mistreatment of Christians since 2011. The BIA pointed to the fact that some portions of the State Department’s 2014 report include substantially similar language to the 2008 and 2009 reports. However, the State Department’s habit of cutting and pasting portions of its old reports into newer reports does nothing to refute all of the other evidence that the level and intensity of persecution against Christians has increased significantly since 2011. Nor does anything in the State Department report suggest that the U.S. Commission and various human-rights organizations are all reporting false data or drawing false conclusions about the deterioration of the treatment of Christians in China. The BIA thus abused its discretion by holding, completely contrary to all of the evidence, that Petitioner had not shown that the treatment of Christians in China has worsened in recent years.

The BIA also suggested that the substantial increase in the persecution of Christians was simply irrelevant because “[a] review of the record before the Immigration Judge indicated that China has long repressed religious freedom, and that underground or unregistered churches continued to experience varying degrees of official interference, harassment, and repression, including breaking up services, fines, detention, beatings, and torture.” (R. at 5.) However, the fact that there was already some level of persecution in China does not prevent Petitioner from showing a change in country conditions due to a significant increase in the level of persecution faced by Christians in her country. To hold otherwise would be to bar reopening for petitioners who file for asylum when they face some, albeit insufficient, risk of persecution in their country, while permitting reopening for petitioners who file for asylum without there being any danger of persecution, then seek reopening after their country fortuitously begins persecuting people who are in their protected category thereafter. But surely Congress did not intend for 8 U.S.C. § 1229a(c)(7)(C) to protect only petitioners who file frivolous asylum applications under no threat of persecution, while extending no help to petitioners who seek reopening after an existing pattern of persecution becomes dramatically worse. The BIA’s reasoning would lead to an absurd result, one we cannot condone.

Instead, we agree with the Second, Seventh, Ninth, and Eleventh Circuits that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of 8 U.S.C. § 1229a(c)(7)(C) and that the BIA abuses its discretion when it fails to assess and consider a petitioner’s evidence that the persecution of others in his protected category has substantially worsened since the initial application. See Paul v. Gonzales, 444 F.3d 148, 157 (2d Cir. 2006) (“Proof that persecution of Christians in Pakistan has become more common, intense, or far-reaching—i.e., the very proof that petitioner purports to have presented in filing his motion to reopen—would clearly bear on this objective inquiry [into the likelihood of future persecution]. Under the circumstances, the BIA’s refusal even to consider such evidence constitutes an abuse of discretion.”); Poradisova v. Gonzales, 420 F.3d 70, 81–82 (2d Cir. 2005) (holding that the BIA abused its discretion in denying a motion to reopen based on worsened country conditions: evidence that the human-rights situation in Belarus is “in an ‘accelerating deterioration’” and “that the situation has worsened since the Poradisovs’ original application” “certainly warranted more than a perfunctory (and clearly inaccurate) mention by the BIA as being ‘merely cumulative’”); Shu Han Liu v. Holder, 718 F.3d 706, 709, 712–13 (7th Cir. 2013) (holding that a petitioner seeking to file an untimely motion to reopen must meet her burden of “show[ing] that Chinese persecution of Christians (of her type) had worsened,” and concluding that the BIA abused its discretion in ignoring evidence that current conditions in China were worse than conditions at the date of the petitioner’s final removal hearing); Chandra v. Holder, 751 F.3d 1034, 1039 (9th Cir. 2014) (“The BIA abused its discretion when it failed to assess Chandra’s evidence that treatment of Christians in Indonesia had deteriorated since his 2002 removal hearing.”); Jiang v. U.S. Attorney Gen., 568 F.3d 1252, 1258 (11th Cir. 2009) (holding that the BIA clearly abused its discretion by overlooking or “inexplicably discount[ing]” evidence of “the recent increased enforcement of the one-child policy” in the petitioner’s province and hometown).

Finally, the BIA rejected Petitioner’s mother’s statement regarding her recent religious persecution in Petitioner’s hometown as both unreliable and irrelevant. The BIA held that the statement was unreliable for two reasons: (1) it was unsworn, and (2) it was prepared for the purposes of litigation. The first of these reasons is incorrect both as a matter of fact and as a matter of law. Petitioner’s mother concluded her statement by expressly swearing to the truth of everything she had stated therein, and thus the BIA’s factual finding that the statement was unsworn is refuted by the record. And even if the BIA were correct in its factual finding, we note that several “[o]ther circuits have admonished the Board for dismissing or according little weight to a statement due to its unsworn nature.” Yu Yun Zhang v. Holder, 702 F.3d 878, 881 (6th Cir. 2012). There is no statutory support for the BIA’s contention that documents at immigration hearings must be sworn, and “numerous courts,” “without so much as pausing to note the unsworn nature of a document, . . . have relied on such documents when considering claims of asylum applicants.” Zuh v. Mukasey, 547 F.3d 504, 509 (4th Cir. 2008). “Moreover,” the Fourth Circuit noted in Zuh, “it seems untenable to require a sworn statement from a person harassed because of a relationship with an asylum applicant and potentially endangered by helping that applicant.” Id.; see also Yu Yun Zhang, 702 F.3d at 881 (“Given the documented persecution of Christians in China, it seems an arbitrarily high threshold to require that letters attesting to government abuse and admitting membership in a persecuted organization be notarized.”).

As for the BIA’s second reason for rejecting the statement as unreliable, the fact that the evidence was prepared while litigation was ongoing is all but inevitable in the context of a motion to reopen, and we hold that the BIA may not entirely dismiss an asylum applicant’s evidence as unreliable based solely on the timing of its creation. Neither the BIA decision nor the government brief cites to a single statute or circuit court decision to support the idea that the timing of a statement’s creation is a dispositive or even permissible factor in evaluating its reliability in an asylum case. Furthermore, we note that the Sixth Circuit has held that it simply “does not matter that [evidence] may have been written for the express purpose of supporting [a petitioner’s] motion to reopen,” citing for support to a Ninth Circuit case which held that the BIA may not “denigrate the credibility” of letters written by the petitioner’s friends based simply on the inference that her friends “‘would tend to write supportive letters.’” Yu Yun Zhang, 702 F.3d at 882 (quoting Zavala-Bonilla v. INS, 730 F.3d 562, 565 (9th Cir. 1984)). We need not resolve this broader question in the case before us today; even if the timing of a statement’s creation might perhaps play some role in determining its credibility and the weight it should be afforded, the BIA cannot entirely dismiss a statement as unreliable based simply on the fact that it was prepared for purposes of litigation. The protections that the asylum statute was intended to provide would be gutted if we permitted the BIA to entirely reject all evidence presented by an asylum applicant that is prepared following the filing of the initial asylum application, and we see neither legal or logical support for such a ruling. We accordingly hold that the BIA abused its discretion in this case by rejecting Petitioner’s mother’s statement as unreliable based solely on the (erroneous) finding that it was unsworn and on the timing of its creation.

Finally, the BIA dismissed Petitioner’s mother’s statement as irrelevant because “the respondent’s mother is not similarly situated to the respondent, inasmuch as the incidents giving rise to her purported violations occurred in China, not in the United States.” (R. at 4.) This reasoning defies understanding. The heart of the matter is whether Petitioner will be persecuted if she is removed to China—to the town where her mother has allegedly been persecuted for the religious beliefs she shares with Petitioner, and where the local police have allegedly made threatening statements about Petitioner—and it is simply absurd to dismiss her mother’s experiences as irrelevant because her mother’s experiences occurred in China. Indeed, it is the very fact that her mother’s experiences occurred in China that makes them relevant to Petitioner’s motion to reopen. Tinasmuch as the incidents giving rise to her purported violations occurred in China, not in the United States.” (R. at 4.) This reasoning defies understanding. The heart of the matter is whether Petitioner will be persecuted if she is removed to China—to the town where her mother has allegedly been persecuted for the religious beliefs she shares with Petitioner, and where the local police have allegedly made threatening statements about Petitioner—and it is simply absurd to dismiss her mother’s experiences as irrelevant because her mother’s experiences occurred in China. Indeed, it is the very fact that her mother’s experiences occurred in China that makes them relevant to Petitioner’s motion to reopen. The nonsensical nature of the BIA’s supposed reasoning on this point is illustrative of the BIA’s failure to give fair consideration to any of the arguments in Petitioner’s motion to reopen in this case, and it represents the very definition of an abuse of discretion. 

The BIA provided no rational, factually supported reason for denying Petitioner’s motion to reopen. We conclude that the BIA abused its discretion by denying the motion on factually erroneous, legally frivolous, and logically unsound grounds, and we accordingly remand this case back to the BIA for further consideration. In so doing, we express no opinion as to the ultimate merits of the case.”

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HOW THE BIA FAILS TO PROVIDE FAIRNESS AND DUE PROCESS TO ASYLUM SEEKERS

By

Paul Wickham Schmidt

United States Immigration Judge (Retired)

Everyone should read the Tenth Circuit’s full opinion detailing the mounds of evidence that the BIA ignored and/or mischaracterized, at the above ink.

Folks, the 10th Circuit, former home of Justice Neil Gorsuch, is hardly known as a “haven” for asylum seekers. So, that the 10th finally is fed up with the BIA’s biased anti-asylum seeker decision making speaks volumes.

I’ve made the observation before that the BIA appears to be on “anti-asylum autopilot.” This looks for all the world like a “cut and paste” denial mass-produced by BIA staff from boilerplate that is unrelated to the facts, evidence, or, as this case shows, even the law. The BIA sometimes twists the law against asylum seekers; other times, as in this case, the BIA simply pretends that the law doesn’t exist by ignoring it. I can just imagine the BIA opinion drafter thinking to him or her self, “Oh boy, another routine PRC motion denial. This should sail through the panel without any problem.  Need to get those numbers up for the month.”

This is not an isolated incident. As I’ve pointed out before, there is a strong anti-asylum bias in the BIA’s decisions. Virtually no BIA precedents (particularly since the “Ashcroft purge” when true deliberation and dissent were tossed out the window) illustrate how commonly arising situations can and should result in many more grants to asylum seekers under the generous principles enunciated by the Supreme Court in INS v. Cardoza-Fonseca and by the BIA in Matter of Mogharrabi, yet routinely ignored by today’s BIA.

The majority of asylum seekers are credible individuals coming from countries where persecution, torture, and human rights abuses are well-documented. Even in the Northern Triangle, where the BIA has intentionally skewed the law against asylum seekers, torture by gangs by and cartels while the corrupt government authorities are either complicit or “willfully blind” abounds. The BIA, and some U.S. Immigration Judges, have to work overtime and routimely turn a blind eye to both facts and the law to deny protection in the majority of cases.

At a minimum, most Southern Border arrivals fleeing gang violence should be getting temporary grants of protection under the CAT. Instead, they are often railroaded out of the country, sometimes without even seeing a U.S. Immigration Judge, other times with no legal assistance to help them in making a claim. And, the Sessions-led Justice Department had the absolute gall to claim that this lawless and unconstitutional behavior amounts to a “return to the rule of law” at EOIR!

Where’s the outrage from this type of gross abuse of the system by politicos who should have no role in the operations of the U.S. Immigration Courts? Where is the Congressional oversight of Sessions’s use of the USDOJ as a tool to advance a blatantly restrictionist, White Nationalist political agenda? How does a system that functions this poorly, on all levels, justify elimination of annual in-person training of U.S. Immigration Judges?

When you read the full decision, you can see the voluminous evidentiary package that the respondent’s counsel put together just to get a reopened hearing. And, it resulted in an illegal denial by the BIA. Only an appeal to a Court of Appeals saved the day. How could any unrepresented asylum seeker achieve due process in a system that demands unreasonable documentation, routinely denies individuals the legal assistance necessary to assemble and present such evidence, and then ignores the evidence when it is presented? What kind of due process is this?

And, the Article III Courts have to shoulder some of blame. In particular, the Fifth Circuit “goes along to get along” with the BIA, and turns a blind eye to violations of human rights laws and skewed factfinding in “rubber stamping” inadequate hearings coming from detention centers in obscure locations in Texas.

Reiterating a point I’ve made numerous times, why is a captive, enforcement-oriented, pro-Government tribunal that performs in the manner detailed in this case entitled to “deference” on either the facts or the law (so-called “Cheveon deference” that has been criticized by Justice Gorsuch and others)? What’s “expert” about a tribunal that routinely ignores and misconstrues basic asylum law as detailed in this decision?

At a minimum, in light of the types of gross miscarriages of justice that have come to light in some recent Court of Appeals decisions, the BIA should change its internal operating procedures to require that all asylum denials be reviewed by a  three-judge panel. But, don’t hold your breath. That would slow down the “assembly line” at the “Falls Church Service Center.” And turning out large numbers of final orders of removal without any real deliberation is what the “Sessions-Era BIA & EOIR” is all about.

Folks, we need an independent U.S. Immigration Court, including a competent Appellate Division (“BIA”). And in the future, selections of BIA Appellate Immigration Judges should be made in the same careful manner that applies to U.S. Supreme Court and Court of Appeals Judges.

The “life and death” power wielded by U.S. Immigration Judges and BIA Appellate Immigration Judges actually exceeds that of most Article III Judges. Yet the selection process for the Immigration Judiciary is opaque, cumbersome, secretive, closed, and consistently produces one-sided results skewed toward “insiders” or those with government experience. In other words, those with a history of “going along to get along” in the system rather than showing independent thinking and the courage to stand up for due process even when  it isn’t “in vogue” with the politicos in an Administration (and genuine due process for migrants is seldom”in vogue” these days in either GOP or Democratic Administrations).

Proven expertise, excellence, sensitivity to individual situations, and commitment to due process for migrants and correct application of human rights law and protections should be a minimum qualification for an Appellate Immigration Judge. And, the same question should be asked that was asked of Justice Gorsuch: “If necessary, are you willing to stand up and rule against the President and the Administration.” Obviously, in the case of the current BIA, the answer would largely be “No.”

PWS

09-13-17

 

COURTSIDE COMMENTARY/ANALYSIS: AG Jeff “Gonzo Apocalypto” Sessions Might Be A Clown 🤡 — But His White Nationalist Plan To Destroy The American Justice System Is No Joke — He Has Already Done Untold Damage To Our Country & Our Rights — And, He And His White Supremacist Buddy Steve Bannon, The Alt-Right, And Other Haters Are Just Getting Started On Their Plan To Turn America Into A “Whites Only” Paradise!

Three articles from today show the “clear and present danger” to American democracy, our national security, and our fundamental values stemming from Jeff “Gonzo Apocalypto” Sessions and his radical right — some would say fascist is more accurate — cabal.

While Trump increasingly appears to be a looney incompetent functioning primarily in the early morning “tweetosphere,” Sessions & Co. know a thing or two about how to take over and sabotage government of the people, by the people, and for the people. (Ironically, the “Party of Lincoln” has morphed into  the “anti-Lincoln,” opposed to equality, generosity, democracy, and inclusion.)

First, Dana Milbank in the Washington Post describes “Gonzo the Clown’s” ludicrous attempts to use and abuse criminal law to suppress free public expression of opinions:

“Did you hear the one about Jeff Sessions?

I’d like to tell you, but I can’t. You see, it’s illegal to laugh at the attorney general, the man who on Tuesday morning announced that the 800,000 “dreamers” — immigrants brought here illegally as children — could soon be deported. If you were to find my Sessions jest funny, I would be an accessory to mirth.

This is no joke, because liberal activist Desiree Fairooz is now being put on trial a second time by the Justice Department — Jeff Sessions’s Justice Department — because she laughed at Sessions during his confirmation hearing. Specifically, she laughed at a line about Sessions “treating all Americans equally under the law” (which is, objectively, kind of funny).”

Yeah, I guess what Sessions, a well-established liar, probably a perjurer, really meant was “all Americans except Blacks, Hispanics, Asian Americans, immigrants, migrants, Dreamers, gays, lesbians, transgendered, bisexual, criminal defendants, Democrats, non-Christians, protestors, non-GOP women, and the poor.” Read the rest of Dana’s article here:

https://www.washingtonpost.com/opinions/apparently-its-illegal-to-laugh-at-jeff-sessions/2017/09/05/86b6e48a-9278-11e7-aace-04b862b2b3f3_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.c6b057add449

But, the following list of hostile actions that Sessions has already taken at Justice, compiled by CNN’s Gregory Krieg, are no laughing matter:

“*Directed federal prosecutors to pursue the stiffest possible charge in every single criminal case — potentially triggering draconian mandatory minimum sentences the Obama administration tried to avoid on fairness grounds for non-violent offenders.

*Withdrawn an Obama administration directive offering protections for transgender students who wanted to use bathrooms corresponding to their gender identity.

*Reversed an Obama DOJ order that the federal Bureau of Prisons back off new deals with private facilities. “I direct the Bureau to return to its previous approach,” Sessions said in a memo citing concerns that the “future needs of the federal correctional system” would be “impaired.”

*Launched a broad-based effort to reduce federal oversight of local police departments, like those put under increased scrutiny following investigations into alleged abuses. The deputy attorney general and associate attorney general were ordered to review lots of things, including all “contemplated consent decrees.”

*In a move criticized by voting rights advocates, asked state election officials in June to lay out their processes for purging voter rolls of individuals who have become ineligible due to, among other reasons, “death or change of residence.”

*Put in place a policy that could pave the way for an increase in a certain kind of civil asset forfeiture, a controversial practice — in this case a joint federal, state and local version that some departments were accused of using to get around state law — that allows police to seize money or property from suspects who haven’t been convicted of a crime. (The DOJ says it has put new safeguards in place to prevent abuse.)

And more.
Consider Trump’s plan to end DACA. When it came down to it, the President steered clear of the spotlight and let Sessions be the public face of a decision officials from both parties have described as unfair or even cruel.
It’s not the first time Trump has been happy enough — or detached enough, depending on your assessment of the his mindset on these issues — to defer to Sessions or, in cases where executive action is required, follow his lead. Where Trump is primarily focused on how he’s covered in the press and how his actions play with “the base,” officials like Sessions and EPA Administrator Scott Pruitt have shown themselves to be laser-focused on very specific policy points.

. . . .

By his side? None other than a once anonymous aide turned top Trump White House official: Stephen Miller.”

Read Gregory’s complete article here:

http://www.cnn.com/2017/09/06/politics/jeff-sessions-donald-trump-daca-policy/index.html

And, in the Washington Post,  Sarah Posner puts it all in scary context by describing the Bannon-led White Nationalist’s larger program to turn America into a White Theo-Fascist State:

“Now that he is out of the White House, Bannon’s ambitions, if anything, appear to seek an even more enduring footprint on Republican politics. His grand plan is to remake American conservatism, by shifting it away from its long-standing “three-legged stool” coalition of tax-cutters, defense hawks and the religious right. His strategy is to peel away Christian conservatives from that coalition, and to build a new coalition with anti-immigrant, anti-Muslim, far-right nationalists, in order to make the Trump revolution permanent, even after Trump has left the White House.
Consider the headline on a prominently placed “exclusive” published on the site late last night, which heaps the most coveted of Breitbartian praise on Moore: “Judge Roy Moore Embodies Jeff Sessions.” In an interview with Breitbart, Moore says he shares Sessions’s views on immigration and trade, and that he, too, is a “very strict constructionist of the Constitution.” He says he favors impeaching federal judges, even Supreme Court justices, and singles out Obergefell v. Hodges , the landmark 2015 case legalizing same-sex marriage, as warranting impeachment.
Bannon hinted at some of his designs in an interview with me last year. He said that, without the religious right, his base alone lacks the numbers to “to ever compete against the progressive left.”
In Moore, Bannon has found an unabashed proponent of “biblical law.” Bannon doesn’t appear to care much about “biblical law,” but Moore’s overheated depiction of the overreach of the federal government dovetails with the Bannon goal of “the deconstruction of the administrative state.”
Indeed, the Breitbart-Moore alliance is the most vivid example to date of the anti-government, white-nationalist Breitbart forces teaming up with a candidate with shared views on issues such as immigration and the role of the federal government, but which are driven by outwardly theocratic aspirations. Bannon is not seen as an overtly religious figure, but he has actively sought the religious right’s imprimatur for purely political purposes.
As Politico reports, Bannon himself is now using Breitbart to help “orchestrate the push” for Moore’s candidacy in high-level meetings with influential conservative groups.
There is a good deal of overlap between Bannon’s depiction of Trumpism as a revolt against global elites and Moore’s own rhetoric. Moore has long railed at elitists and “tyrannical” government overreach, albeit from a theocratic point of view. He first became a national hero to the religious right over a decade ago, after he was stripped of his post as chief justice of the Alabama Supreme Court for defying a federal court order to remove a 2.6-ton Ten Commandments monument from the state courthouse, because it violated the separation of church and state.
Undeterred, Moore ran unsuccessfully for governor and then again for his state’s top judicial post, regaining his seat in 2012. After a federal court struck down the state’s ban on same-sex marriage in early 2015, Moore pointedly told Alabama’s governor that complying with the federal court order could violate God’s law.
Although Breitbart hardly teems with religious language, Moore shares its conspiratorially dark vision of America, and particularly America’s perceived enemies. When I saw him speak in 2011, when Barack Obama was still president, Moore maintained: “Our government is infiltrated with communists, we’ve got Muslims coming in and taking over where we should be having the say about our principles.” On immigration, he said the government was failing “to protect against invasions” and was “letting anybody come in!”
Ultimately, the Breitbart-Moore alliance offers a hint at where the Trump base is headed. If Bannon has his way, it will evolve into a kind of coalition of anti-immigrant, anti-Muslim white nationalists seeking to disrupt the GOP from within by joining forces with the Christian right, long an essential component of the GOP base. Whether or not Moore wins, if Bannon can keep pushing the Trumpist base in that direction by continuing to solidify that coalition, we can only guess at the consequences that will have for the GOP over the long term.”

Consequences for the GOP, Sarah? What about the consequences for the world and humanity of turning America into a White Fascist State incorporating the worst parts of Christian mythology, while leaving the kind, merciful, inclusive, and forgiving message of Jesus Christ in the dust?

In the first place, fortunately, only a minority of Americans share the Bannon-Sessions White Nationalist dream. So, making it come to fruition has to involve suppressing and overcoming by unlawful or unconstitutional means the will and rights of those of us in the majority.

That’s an old Bolshevik trick. And, indeed, Bannon is a self-proclaimed “Leninist revolutionary” — Sessions is his Trotsky. (Can’t really picture Stephen Miller as Stalin —  but his ability to concoct lies at a moment’s notice and his cold lack of humanity or any discernible decency or human values, along with his disdain for representative government and love of the dictatorial model certainly fits “Papa Joe” to a tee. You could definitely imagine Miller as leader of a Trump “personality cult” in a fascist regime.)

Read Sarah’s complete article here:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/09/05/steve-bannons-grand-disruptive-designs-are-only-getting-started/?utm_term=.80ddcfa9f294

But, that’s not all folks! Intentionally cruel, racist, and gonzo as Sessions’s grand plan of “ethnic cleansing” of Dreamers might be, it would actually cost the US economy an astounding  $215 billion, and that’s a conservative estimate that doesn’t even factor in the billions that would be wasted by DHS and EOIR in arresting and deporting America’s future stars (basically, because they aren’t White. As I’ve said before, no sane person thinks we’d be having this orchestrated “immigration debate” if the migrant population were predominantly white, English as a first language, Christians)!

According to Vanessa Wang in Buzzfeed:

“Reversing the Deferred Action for Childhood Arrivals program could cost the economy $215 billion in lost GDP and cost the federal government $60 billion in lost revenue over ten years, according to the libertarian think tank the Cato Institute.
Ike Brannon, a visiting fellow at Cato, wrote in a recent blog post: “It is important to note that these estimates are conservative, as DACA recipients will likely end up being more productive than their current salaries indicate, as they complete their degrees and gain experience in the workplace. Nor does this analysis factor in the enforcement cost of physically deporting recipients should the program be eliminated, which we believe would be significant.”
California, New York and Florida would bear the greatest costs, according to the Cato Institute’s analysis.
The New American Economy — a coalition of business leaders and mayors “who support immigration reforms that will help create jobs for Americans today” — estimated that the DACA-eligible population earns almost $19.9 billion in total income annually, contributes more than $1.4 billion to federal taxes, more than $1.6 billion to state and local taxes and represent almost $16.8 billion in spending power.
“Despite the rhetoric claiming undocumented youths are a drain on the U.S. economy, 90% of the DACA-eligible population who are at least 16 years old are employed” and contribute meaningfully to the economy, the coalition wrote in a brief.
“Ending DACA will disrupt hundreds of thousands of promising careers and cost the US economy dearly,” said John Feinblatt, President of New American Economy in a statement on Tuesday.
On Tuesday, the Department of Homeland Security said it would shut down DACA in six months, potentially giving Congress some time for a legislative solution. House Speaker Paul Ryan has said there are DREAMers “who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
“Now it’s imperative for Congress to do what’s right and economically smart – protect the young achievers who know no home but America,” said Feinblatt.”

That’s right folks! The Bannon-Sessions White Nationalists would be willing to damage our economy to the the tune of probably a quarter of a trillion dollars for the sheer joy of ruining human lives and entrenching their White Power structure. In most other contexts, there would be a name for such conduct: “domestic terrorism!”

Here’s a link to Vanessa’s article:

https://www.buzzfeed.com/venessawong/scrapping-daca-could-cost-the-economy-as-much-as-215-billion?utm_term=.xdw9nKYOa#.liAZ2w8Y5

Finally, a number folks have noted that DACA is a DHS/USCIS program. So, why was the Attorney General, who pointedly was stripped of his immigration deportation functions and responsibilities by the Act creating DHS, out there acting like he is the deporter-in-chief and administrator of the DHS (which, by statute, he no longer is.)

 

Well, not suprisingly, I’m not in the Trump Administration’s “inner circle.” So, who knows for sure.

But, to me two things were evident. First, Donald Trump is a coward who didn’t have the guts to be the front man for his own inhumane policy — particularly since Sessions contradicted Trump’s public assurances that he “loved Dreamers,” understood their plight, and that they had “nothing to fear” from him and his Administration because he was going to come up with a”great solution” to their situation.

Second, Sessions has never accepted his secondary statutory and Constitutional role in immigration enforcement. With the weak Gen. Kelly in charge of DHS, Sessions simply pretended like the AG was back at the helm of immigration enforcement. After all, Sessions has spent a lifetime attempting to turn back the clock. This is just the first time that he has gotten away with it without any real opposition.

Kelly was a “bobblehead,” meekly agreeing with Sessions’s most outrageous, unlawful, and inhumane statements. He even lent his name to an infamous Sessions-Miller contrived “letter” asking the President for Travel Ban 2.0 and citing facially bogus statistics and disingenuous arguments attempting to tie individuals from Muslim countries to unrelated terrorist threats. In other words, on immigration enforcement, Kelly’s “substance” was about 1/16″ deep, and I’m being generous.

Obviously, killing the Dreamers’ future while heaping scorn on them was Session’s version of “Super Bowl Sunday:” a chance to publicly reclaim the role of deporter-in-chief, while inflicting gratuitous harm on a gallant but vulnerable (largely non-White) group of young people, and tossing in some gratuitous racist insults and nativist lies in the process. For a guy who has spent a lifetime heretofore unsuccessfully trying to “get back to Jim Crow” (where not coincentally, bogus “rule of law” arguments and “state’s rights” were used by Sessions’s Alabama antecedents to deny Black Americans not only their constitutional rights but in many cases their very lives in the process) this had to be “hog heaven.” Let’s not forget that Sessions has endorsed the blatantly racist and anti-semitic “Immigration Act of 1924” as a model for White Nationalist restrictionist policies. See, e.g.http://www.slate.com/blogs/the_slatest/2017/09/05/jeff_sessions_praise_of_1924_eugenics_immigration_law_remains_insane.html

I’m sure Gonzo pines for the “good old days” of the Chinese Exclusion Laws when America knew how to use the “rule of law”  and just how to treat the folks who built the trans-continental railroad, most of California, lots of New York, and points in between. Declare them to be an “inferior race” — a threat to our cultural integrity —  and throw them out before they can displace the White Americans who exploited their ingenuity and hard labor.

Also, make no mistake about it, if Sessions were able to carry out his gonzo plans to deport Dreamers to foreign lands that most of them have hardly lived in, some will actually die in the process. But, hey, the lives of non-Whites are just “collateral damage” in the Bannon-Sessions world vision.

Sessions is part of our nation’s racist, White Supremacist past that we will need to get beyond to continue to prosper as a country and to lead the free world. The Dreamers can help us do that! The only question for the rest of us is what legal channels are available to move Sessions and his cohorts out of the way so that the Dreamers, along with other immigrants and minorities, can help lead us to a brighter future as a proudly diverse, humane, and powerful nation.

Liz Warren was right! America is better than Jeff Sessions! It’s time we showed it!  

PWS

09-05-17

 

 

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

**********************************************

Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

FORMER SEN. RUSS FEINGOLD IN THE GUARDIAN: TRUMP’s WHITE SUPREMACISM IS PART OF THE GOP AGENDA!

https://www.theguardian.com/commentisfree/2017/aug/19/republican-party-white-supremacists-charlottesville

Feingold writes:

“It takes approximately 30 seconds to send a tweet. A half hour to draft and release a statement. And the shelf life of both is only marginally longer. We should not commend Republican party elected officials who claim outrage on social media at Trump’s remarks, often without daring to mention his name. The phony claimed outrage becomes dangerous if it convinces anyone that there is a distinction between Trump’s abhorrent comments and the Republican Party agenda.

The lesson from Charlottesville is not how dangerous the neo-Nazis are. It is the unmasking of the Republican party leadership. In the wake of last weekend’s horror and tragedy, let us finally, finally rip off the veneer that Trump’s affinity for white supremacy is distinct from the Republican agenda of voter suppression, renewed mass incarceration and the expulsion of immigrants.

There is a direct link between Trump’s comments this week and those policies, so where is the outrage about the latter? Where are the Republican leaders denouncing voter suppression as racist, un-American and dangerous? Where are the Republican leaders who are willing to call out the wink (and the direct endorsement) from President Trump to the white supremacists and acknowledge their own party’s record and stance on issues important to people of color as the real problem for our country?

Republicans on the voter suppression commission are enabling Trump’s agenda and that of the white Nazi militia
Words mean nothing if the Republican agenda doesn’t change. Governors and state legislatures were so quick to embrace people of color in order to avoid the impression, they too share Trump’s supreme affinity for the white race. But if they don’t stand up for them they are not indirectly, but directly enabling the agenda of those same racists that Republican members were so quick to condemn via Twitter.

Gerrymandering, strict voter ID laws, felon disenfranchisement are all aimed at one outcome: a voting class that is predominantly white, and in turn majority Republican.

 

The white supremacist chant of, “you will not replace us,” could easily and accurately be the slogan for these Republican politicians. Their policies will achieve the same racial outcome as Jim Crow – the disenfranchisement and marginalization of people of color.

It is a sad day when more CEOs take action by leaving and shutting down Trump’s Strategy and Policy Forum, and Manufacturing Council, than elected officials take action leaving Trump’s “election integrity” commission.

Businessman are acting more responsive to their customers than politicians are to their voters. At the end of the day, which presidential council is more dangerous? Which most embodies the exact ideology that Trump spewed on Monday? A group of businessmen coming together to talk jobs or a group of elected officials coming together to disenfranchise voters of color?

Anyone still sitting on the voter suppression commission is enabling Trump’s agenda and that of the white Nazi militia that stormed Charlottesville to celebrate a time when the law enforced white supremacy.

If Republican lawmakers want to distinguish themselves from Trump’s comments, they need to do more than type out 144 characters on their phone. They need to take a hard look at their party’s agenda.”

*******************************************

Read the full article at the link.

I’ve noticed the clear pattern going back to the beginning of the campaign: Trump says or does something totally outrageous; GOP leaders disassociate themselves and claim it doesn’t represent the “real” GOP (whatever that might be); shortly thereafter the same folks go back to supporting Trump and the GOP agenda directed at insuring White control. Nobody switches party, resigns in protest, or tells voters how incompetent and dangerous Trump is. Indeed, these guys are scared silly that they will actually turn off Trump’s White Nationalist base that insures them power even though it’s been many years since they racked up a majority of the popular vote in a national election. Trump then goes on to the next outrage, and the process repeats itself.

Someday, the majority of American voters might actually get a Government that represents their interests rather than those of a White Nationalist minority. But, not any time soon if the GOP can prevent it. So far, they are doing a bang up job of it.

PWS

08-19-17

 

 

 

 

ALLAN SLOAN IN THE WASHPOST: TRUMP’S CODDLING OF WHITE SUPREMICISTS & HATE GROUPS BETRAYS MORE THAN AMERICAN VALUES — HE FAILED TO DEFEND HIS OWN FAMILY!

https://www.washingtonpost.com/business/economy/trumps-biggest-failure-not-standing-up-for-his-own-family/2017/08/18/e90f1bc4-8423-11e7-902a-2a9f2d808496_story.html?utm_term=.f40245641dbb

Sloan, a business columnist, writes:

“But Trump’s behavior shows, unfortunately, how right I was two weeks ago when I wrote that he’s making a classic business mistake — by surrounding himself with flunkies who kiss up to him and by not listening to the handful of strong subordinates whom he’s appointed.

If you’re a competent chief executive, you try to surround yourself with competent subordinates who don’t shrink from telling you when they think you’re wrong. You put them in a room and let them duke it out. And if you’re smart, you pay attention to what they say, because you’re secure enough to realize that they may know more about certain things than you do.

As we’ve seen from Charlottesville, Trump isn’t remotely like that.

As a business columnist, I know that I’m expected to write how some CEOs bailed on two presidential advisory committees that Trump created. And how Trump, true to form, disbanded the committees and embarrassed the CEOs who had stood by him, just so he could claim to get the last word.

But when it comes to analyzing the big picture, which is what I’m trying to do here, the advisory committees debacle isn’t even a rounding error. What really matters is that Trump is exhibiting the same behavior that led businesses he controlled into six Chapter 11 bankruptcies (which is why I call him Donald 66 Trump) as his casino-real estate empire collapsed in the 1980s and 1990s.

But that’s just business. What makes me truly angry about Donald 66 — who, like me, has Jewish children and grandchildren — is that he can’t be bothered to defend his own family. Unbelievable, isn’t it? But true.

It’s inconceivable to me that Trump, whose daughter Ivanka joined the Jewish people, married a Jew and has produced three Jewish grandchildren, can’t bring himself to tweet (let alone say) that he has a problem with a crowd chanting “Jew will not replace us.” Or with them chanting “Heil, Trump”— the Nazi salute — while wearing Trump gear.

What is wrong with this man? You can argue politics and taxes and health care and other bones of contention 100 different ways. But for God’s sake — pun intended — Trump isn’t even defending members of his own family, two of whom are among his closest advisers, against religious bigotry.

I’m especially sensitive to this because I’m an American who’s Jewish. Please note that “American” comes first; I loathe identity politics. Trump and I are from the same generation. I know, as Trump must know, what the Nazis were about. One of the many reasons that I love this country is that without America, I think the Nazis would have won World War II and murdered every Jew on Earth.

 

It’s one thing for Trump to use “America First” — a phrase that evokes 1930s Nazi sympathizers like Charles Lindbergh (a onetime aviation hero) and Father Charles Coughlin (the “radio priest” from Royal Oak, Mich., who spewed hate, was finally silenced by the pope, and whose Shrine of the Little Flower I passed twice daily during my first year at the Detroit Free Press). I’ll give Trump the benefit of the doubt on that one, and say he didn’t know what “America First” evoked before he started using it.

But for Trump to not tweet that he doesn’t want to see “heil” and “Trump” in the same sentence? To not come to the defense of the Jewish members of his family? Or the Jews among his presidential appointees? What the hell is wrong with this man?

The best thing I’ve read since Charlottesville erupted was what Sen. Orrin G. Hatch (R-Utah) said. To wit, “My brother didn’t give his life fighting Hitler for Nazi ideas to go unchallenged.” That’s exactly right. And my late father-in-law, who was a total mensch, didn’t spend five of the prime years of his life in the Seabees for Nazi ideals to go unchallenged. Nor did the millions of other Americans who took up arms to defend our country against overwhelming evil.

 

The Charlottesville counter-demonstrators were fools who fell into the demonstrators’ trap. (That’s one thing that Trump has gotten right. As the saying goes, “Even a blind pig can find an acorn.”)

But the counter-demonstrators, however foolish and out of control, aren’t remotely equivalent to swastika-toting provocateurs and Ku Klux Klan Kreeps demonizing blacks and Jews and immigrants, praising Hitler’s evil crew and by implication demeaning the Americans who fought to subdue the Nazi menace.

To return to sports analogies, you deal with these trolls by using what the late Muhammad Ali called “rope a dope” strategy. You let them march, you don’t physically confront them, you don’t help them get the attention they crave, you let them punch themselves into exhaustion. No harm, no foul, no mainstream publicity. They’re publicized by the Daily Stormer, today’s iteration of the Nazis’ anti-Semitic Der Sturmer newspaper? Who cares? Let it go.

 

At this point, unfortunately, I don’t think Donald 66 can change enough to become a competent chief executive instead of a faux CEO, even if he wants to. But maybe he can learn to be a decent father and grandfather, and stand up for his kids and grandkids. We need a lot more from him than that, but I’ll take what little I can get.”

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PWS

08-19-17

IMMIGRATIONPROF BLOG: PROFESSOR BILL ONG HING LAYS BARE THE WHITE NATIONALIST INTENT BEHIND THE RAISE ACT — “Asian, Latino, and African Exclusion Act of 2017” — And, It’s Bad For Our Economy To Boot!

http://lawprofessors.typepad.com/immigration/2017/08/trumps-asian-latino-and-african-exclusion-act-of-2017.html

Professor Ong Hing writes:

“From the Los Angeles and San Francisco Daily Journal:

President Trump’s recent call for overhauling the legal immigration system suffers from serious racial implications and violations of basic family values. Earlier this month he endorsed the Reforming American Immigration for a Strong Economy (RAISE) Act, which would eliminate all family reunification categories beyond spouses and minor children of U.S. citizens and lawful permanent residents (reducing the age limit for minor children from 21 to 18), and would lower capped family categories from 226,000 green cards presently to 88,000. The prime relatives targeted for elimination are siblings of U.S. citizens and adult children of citizens and lawful residents. The diversity immigration lottery program, which grants 50,000 green cards to immigrants from low-admission countries, also would be terminated. The RAISE Act is essentially the Asian, Latino, and African Exclusion Act of 2017. Why? Because the biggest users of family immigration categories are Asians and Latinos, and the biggest beneficiaries of the diversity lottery are Africans.

The RAISE Act is an elitist point system that favors those with post-secondary STEM degrees (science, technology, engineering, or mathematics), extraordinary achievement (Nobel laureates and Olympic medalists), $1.35 to $1.8 million to invest, and high English proficiency. However, it fails to connect prospective immigrants with job openings and makes incorrect assumptions about family immigrants.

Promoting family reunification has been a major feature of immigration policy for decades. Prior to 1965, permitting spouses of U.S. citizens, relatives of lawful permanent residents, and even siblings of U.S. citizens to immigrate were important aspects of the immigration selection system. Since the 1965 reforms, family reunification has been the major cornerstone of the immigration admission system. Those reforms, extended in 1976, allowed twenty thousand immigrant visas for every country. Of the worldwide numerical limits, about 80 percent were specified for “preference” relatives of citizens and lawful permanent residents, and an unlimited number was available to immediate relatives of U.S. citizens. The unlimited immediate relative category included spouses, parents of adult citizens, and minor, unmarried children of citizens. The family preference categories were established for adult, unmarried sons and daughters of citizens, spouses and unmarried children of lawful permanent resident aliens, married children of citizens, and siblings of citizens. Two other preferences (expanded in 1990) were established for employment-based immigration.

Asian and Latino immigration came to dominate these immigration categories. The nations with large numbers of descendants in the United States in 1965, i.e., western Europe, were expected to benefit the most from a kinship-based system. But gradually, by using the family categories and the labor employment route, Asians built a family base from which to use the kinship categories more and more. By the late 1980s, virtually 90 percent of all immigration to the United States – including Asian immigration – was through the kinship categories. And by the 1990s, the vast majority of these immigrants were from Asia and Latin America. The top countries of origin of authorized immigrants to the United States today include Mexico, China, India, the Philippines, the Dominican Republic, Vietnam, and El Salvador.

As Asian and Latin immigrants began to dominate the family-based immigration system in the 1970s and 1980s, somehow the preference for family reunification made less sense to some policymakers. Since the early 1980s, attacking kinship categories – especially the sibling category – has become a political sport played every few years. Often the complaint is based on arguments such as we should be bringing in skilled immigrants, a point system would be better, and in the case of the sibling category, brothers and sisters are not part of the “nuclear” family. Proposals to eliminate or reduce family immigration were led by Senator Alan Simpson throughout the 1980s, Congressman Bruce Morrison in 1990, and Senator Simpson and Congressman Lamar Smith in 1996. As prelude to the RAISE Act, the Senate actually passed S.744 in 2013 that would have eliminated family categories and installed a point system in exchange for a legalization program for undocumented immigrants.

Pitting so-called “merit-based” visas in opposition to family visas implies that family immigration represents the soft side of immigration while point-based immigration is more about being tough and strategic. The wrongheadedness of that suggestion is that family immigration has served our country well even from a purely economic perspective. The country needs workers with all levels of skill, and family immigration provides many of the needed workers.

A concern that the current system raises for some policymakers is based on their belief that the vast majority of immigrants who enter in kinship categories are working class or low-skilled. They wonder whether this is good for the country. Interestingly enough, many immigrants who enter in the sibling category actually are highly skilled. The vast majority of family immigrants are working age, who arrive anxious to work and ready to put their time and sweat into the job. But beyond that oversight by the complainants, what we know about the country and its general need for workers in the short and long terms is instructive.

The Wharton School of Business projects that the RAISE Act would actually lead to less economic growth and fewer jobs. Job losses would emerge because domestic workers will not fill all the jobs that current types of immigrant workers would have filled. In the long run, per capita GDP would dip. Furthermore, in the Bureau of Labor Statistics’s forecast of large-growth occupations, most jobs require only short- or moderate-term on-the-job training, suggesting lower skilled immigrants could contribute to meeting the demand for these types of jobs.

The economic data on today’s kinship immigrants are favorable for the country. The entry of low-skilled as well as high-skilled immigrants leads to faster economic growth by increasing the size of the market, thereby boosting productivity, investment, and technological practice. Technological advances are made by many immigrants who are neither well-educated nor well-paid. Moreover, many kinship-based immigrants open new businesses that employ natives as well as other immigrants; this is important because small businesses are now the most important source of new jobs in the United States. The current family-centered system results in designers, business leaders, investors, and Silicon Valley–type engineers. And much of the flexibility available to American entrepreneurs in experimenting with risky labor-intensive business ventures is afforded by the presence of low-wage immigrant workers. In short, kinship immigrants contribute greatly to this country’s vitality and growth, beyond the psychological benefits to family members who are able to reunite.

The preamble to the Universal Declaration of Human Rights highlights the unity of the family as the “foundation of freedom, justice and peace in the world” for good reason. Our families make us whole. Our families define us as human beings. Our families are at the center of our most treasured values. Our families make the nation strong.

Bill Ong Hing is the Founder and General Counsel of the Immigrant Legal Resource Center, and Professor of Law and Migration Studies, University of San Francisco”

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Unhappily, America has a sad history of using bogus arguments about the economy and protecting American labor to justify racist immigration acts.  Among other things, the Chinese Exclusion Act was supposed to protect the U.S. against the adverse effects of “coolie labor.”

I find it remarkable that those pushing the RASE Act are so ready to damage American families, the fabric of our society, and our economy in a futile attempt to achieve their White Nationalist vision.

PWS

08-18-17

WASHPOST: OUR UNPRESIDENTIAL PRESIDENT FAILS TO RESPOND PROPERLY TO DOMESTIC TERRORISM!

https://www.washingtonpost.com/opinions/what-a-presidential-president-would-have-said-about-charlottesville/2017/08/12/9f1ffec6-7fa4-11e7-9d08-b79f191668ed_story.html?utm_term=.aa4c1a783bce

August 12 at 6:27 PM

HERE IS what President Trump said Saturday about the violence in Charlottesville sparked by a demonstration of white nationalists, neo-Nazis and Ku Klux Klan members:

We condemn in the strongest possible terms this egregious display of hatred, bigotry and violence on many sides. On many sides.

Here is what a presidential president would have said:“The violence Friday and Saturday in Charlottesville, Va., is a tragedy and an unacceptable, impermissible assault on American values. It is an assault, specifically, on the ideals we cherish most in a pluralistic democracy — tolerance, peaceable coexistence and diversity.

“The events were triggered by individuals who embrace and extol hatred. Racists, neo-Nazis, Ku Klux Klan members and their sympathizers — these are the extremists who fomented the violence in Charlottesville, and whose views all Americans must condemn and reject.

“To wink at racism or to condone it through silence, or false moral equivalence, or elision, as some do, is no better and no more acceptable than racism itself. Just as we can justly identify radical Islamic terrorism when we see it, and call it out, so can we all see the racists in Charlottesville, and understand that they are anathema in our society, which depends so centrally on mutual respect.

“Under whatever labels and using whatever code words — ‘heritage,’ ‘tradition,’ ‘nationalism’ — the idea that whites or any other ethnic, national or racial group is superior to another is not acceptable. Americans should not excuse, and I as president will not countenance, fringe elements in our society who peddle such anti-American ideas. While they have deep and noxious roots in our history, they must not be given any quarter nor any license today.

“Nor will we accept acts of domestic terrorism perpetrated by such elements. If, as appears to be the case, the vehicle that plowed into the counterprotesters on Saturday in Charlottesville did so intentionally, the driver should be prosecuted to the full extent of the law. The American system of justice must and will treat a terrorist who is Christian or Buddhist or Hindu or anything else just as it treats a terrorist who is Muslim — just as it treated those who perpetrated the Boston Marathon bombing in 2013.

“We may all have pressing and legitimate questions about how the violence in Charlottesville unfolded — and whether it could have been prevented. There will be time in coming days to delve further into those matters, and demand answers. In the meantime, I stand ready to provide any and all resources from the federal government to ensure there will be no recurrence of such violence in Virginia or elsewhere. Let us keep the victims of this terrible tragedy in our thoughts and prayers, and keep faith that the values enshrined in our Constitution and laws will prevail against those who would desecrate our democracy.”

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It might not be Presidential, but it’s what you’d expect from a President who has unabashed White Nationalists among his closest advisers and in a key cabinet position. It’s also what you would expect from someone who has spent the last several years pandering to White Supremacists, who now feel “at home” in today’s GOP, bigots, and racists, and whose own career shows little sensitivity to decency, values, or toleration.

PWS

08-13-17

Once Upon A Time, The DOJ Intervened On Behalf Of Disadvantaged Minorities For Whom Civil Rights Protections Were Enacted — Now, Not So Much, As Jeff “Gonzo Apocalypto” Sessions Finds Ways To Use Civil Rights Protections Against Minorities & To Help White Establishment Cling To Power! — Switches Sides To Favor Voter Suppression Before Supremes!

https://www.washingtonpost.com/world/national-security/justice-department-reverses-position-to-allow-ohio-to-purge-inactive-voters-from-rolls/2017/08/08/e93c5116-7c35-11e7-9d08-b79f191668ed_story.html?utm_term=.7ea94a97bc00&wpisrc=nl_daily202&wpmm=1

Sari Horwitz reports in the Washington Post:

“The Justice Department has reversed its position in a high-profile voting case in Ohio, siding with the state in its effort to purge thousands of people from its rolls for not voting in recent elections.

The move is part of a broader campaign by the Trump administration to support restrictions on who is eligible to vote, a radical change in philosophy from the previous Justice Department, which sued a number of states over voting laws that it deemed discriminatory against minorities.

In a court filing late Monday, Justice Department attorneys took the opposite position from the Obama administration in a case that involves Ohio’s removal last year of tens of thousands of inactive voters from its voting rolls.

In their brief, government lawyers say they reconsidered the Ohio vote-purging issue after the “change in Administrations,” and they argue that the state’s actions are legal under federal law. The case is headed next to the Supreme Court.

Ohio’s procedure allows the state to purge voters who meet certain criteria for being inactive. If a voter has not cast a ballot in two years, the person is sent a notice asking them to confirm their registration. If the voter does not respond and does not cast a ballot over the next four years, the person is removed from the rolls.

The Trump administration has signaled in other ways that it intends to back added requirements for voters as part of a crackdown on alleged fraud.

President Trump in May created an advisory commission on election integrity that has been tasked with determining the extent of illegal voting. The president earlier made the baseless allegation that illegal voting cost him the popular vote against Democrat Hillary Clinton in the 2016 presidential election.

The commission’s only notable act so far has been to request massive amounts of voter data from the states, a move that has provoked lawsuits accusing the panel of breaching Americans’ privacy.

The case in Ohio is not the first time the Justice Department has reversed course in a major legal battle over voting rights. In February, shortly after Jeff Sessions became attorney general, the department dropped its position in a long-running case that argued Texas intended to discriminate against minorities when it passed a strict voter-ID law.

The Texas law, passed in 2011, required that voters present certain forms of identification, such as a driver’s license or a weapons permit, but the state did not allow other forms, including IDs issued by colleges. Critics said these restrictions targeted voters, such as young people and minorities, who are more likely to vote Democratic. A number of courts found the Texas law to be unconstitutional, and a federal court in April found that the Texas legislature intentionally discriminated against black and Hispanic voters.

Voting rights advocates said the Justice Department’s action on Ohio represented a major change in direction for the U.S. government’s stance on access to the polls.

The move “signals the broader agenda of the administration to roll back voter rights in this country,” said Vanita Gupta, former head of the Justice Department’s civil rights division under President Barack Obama and now president of the Leadership Conference on Civil and Human Rights.”

*********************************************************

Read the complete article at the above link.

During Sessions’s Senate Confirmation, Senator Liz Warren, Senator Corey Booker, Members of the Congressional Black Caucus, and my friend and former DOJ Civil Rights Attorney Jerry Hebert, among others, tried to tell the Committee and the Senators that Sessions was the same White Nationalist/racially challenged individual he had been back when he was properly rejected for a U.S. District Judge position. They were “tuned out.”

Sessions took umbrage, and then lied under oath to the Committee when he claimed to be a staunch defender of civil rights and someone who would separate his political positions as a Republican Senator from Alabama (a state with a disgraceful history of racial bias) from his new responsibilities as Attorney General for all Americans. That would include people of color, LGBT Individuals, immigrants, both legal and undocumented, women, and even Democrats. But, he’s the “same ol’ Jeff” just like his critics said he would be. And the carnage to the American justice system that he is creating probably won’t be repaired any time soon.

Gonzo’s reported next target and scheme to waste of taxpayer money: legalized marijuana. Return to “Reefer Madness!”

PWS

08-09-17

 

POLITICS: CAROL ANDERSON IN THE NYT: TRUMP CHANNELS WHITE RESENTMENT — “policies . . . based on perception and lies rather than reality . . . nothing new!”

https://mobile.nytimes.com/2017/08/05/opinion/sunday/white-resentment-affirmative-action.html?em_pos=small&emc=edit_ty_20170807&nl=opinion-today&nl_art=13&nlid=79213886&ref=headline&te=1&referer=

Anderson writes in the NYT Sunday Review:

“White resentment put Donald Trump in the White House. And there is every indication that it will keep him there, especially as he continues to transform that seething, irrational fear about an increasingly diverse America into policies that feed his supporters’ worst racial anxieties.

If there is one consistent thread through Mr. Trump’s political career, it is his overt connection to white resentment and white nationalism. Mr. Trump’s fixation on Barack Obama’s birth certificate gave him the white nationalist street cred that no other Republican candidate could match, and that credibility has sustained him in office — no amount of scandal or evidence of incompetence will undermine his followers’ belief that he, and he alone, could Make America White Again.

The guiding principle in Mr. Trump’s government is to turn the politics of white resentment into the policies of white rage — that calculated mechanism of executive orders, laws and agency directives that undermines and punishes minority achievement and aspiration. No wonder that, even while his White House sinks deeper into chaos, scandal and legislative mismanagement, Mr. Trump’s approval rating among whites (and only whites) has remained unnaturally high. Washington may obsess over Obamacare repeal, Russian sanctions and the debt ceiling, but Mr. Trump’s base sees something different — and, to them, inspiring.

Like on Christmas morning, every day brings his supporters presents: travel bans against Muslims, Immigration and Customs Enforcement raids in Hispanic communities and brutal, family-gutting deportations, a crackdown on sanctuary cities, an Election Integrity Commission stacked with notorious vote suppressors, announcements of a ban on transgender personnel in the military, approval of police brutality against “thugs,” a denial of citizenship to immigrants who serve in the armed forces and a renewed war on drugs that, if it is anything like the last one, will single out African-Americans and Latinos although they are not the primary drug users in this country. Last week, Mr. Trump and Attorney General Jeff Sessions put the latest package under the tree: a staffing call for a case on reverse discrimination in college admissions, likely the first step in a federal assault on affirmative action and a determination to hunt for colleges and universities that discriminate against white applicants.

That so many of these policies are based on perception and lies rather than reality is nothing new. White resentment has long thrived on the fantasy of being under siege and having to fight back, as the mass lynchings and destruction of thriving, politically active black communities in Colfax, La. (1873), Wilmington, N.C. (1898), Ocoee, Fla. (1920), and Tulsa, Okla. (1921), attest. White resentment needs the boogeyman of job-taking, maiden-ravaging, tax-evading, criminally inclined others to justify the policies that thwart the upward mobility and success of people of color.

. . . .

Part of what has been essential in this narrative of affirmative action as theft of white resources — my college acceptance, my job — is the notion of “merit,” where whites have it but others don’t. When California banned affirmative action in college admissions and relied solely on standardized test scores and grades as the definition of “qualified,” black and Latino enrollments plummeted. Whites, however, were not the beneficiaries of this “merit-based” system. Instead, Asian enrollments soared and with that came white resentment at both “the hordes of Asians” at places like the University of California, Los Angeles, and an admissions process that stressed grades over other criteria.

That white resentment simply found a new target for its ire is no coincidence; white identity is often defined by its sense of being ever under attack, with the system stacked against it. That’s why Mr. Trump’s policies are not aimed at ameliorating white resentment, but deepening it. His agenda is not, fundamentally, about creating jobs or protecting programs that benefit everyone, including whites; it’s about creating purported enemies and then attacking them.

In the end, white resentment is so myopic and selfish that it cannot see that when the larger nation is thriving, whites are, too. Instead, it favors policies and politicians that may make America white again, but also hobbled and weakened, a nation that has squandered its greatest assets — its people and its democracy.

PWS
08-07-17

TRUMP & GOP EXTREMISTS DECLARE WAR ON AMERICA: Xenophobic, Racist Agenda Also Attacks Young & Old — CNN’S TAL KOPAN BREAKS DOWN WHAT RAISE ACT REALLY DOES!

http://www.cnn.com/2017/08/02/politics/cotton-perdue-trump-bill-point-system-merit-based/index.html

Tal writes:

“Under the plan — if approved by Congress, which will be a heavy lift — the highest point-getting candidate, for example, not including special circumstances, would be a 26- to 31-year-old with a US-based doctorate or professional degree, who speaks nearly perfect English and who has a salary offer that’s three times as high as the median income where they are.
Have an Olympic medal or Nobel Prize? That will help too.
A candidate must have at least 30 points to apply.
Here’s how the points would be doled out:

Age

Priority is given to prime working ages. Someone aged 18 through 21 gets six points, ages 22 through 25 gets eight points and ages 26 through 30 get 10 points.
The points then decrease, with someone aged 31 through 35 getting eight points, 36 through 40 getting six points, ages 41 through 45 getting four points and ages 46 through 50 getting two points.
Minors under the age of 18 and those over the age of 50 receive no points, though people over 50 years old are still allowed to apply.”
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Read Tal’s complete article at the link.
PWS
08-03-17