🇺🇸⚖️🗽 THE 14TH AMENDMENT IS A GENIUS 🧠 PROVISION THAT IS AT THE  HEART OF AMERICAN DEMOCRACY — That’s Why White Nativist Racists Like Trump, DeSantis, & Their GOP Supporters Are Baselessly Attacking It! 🏴‍☠️🤮 — Jamelle Bouie in The NY Times! — “If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.”

Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Ron DeSantis
Dave Grandlund
PoliticalCartoons.com
Republished under license
Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

https://www.nytimes.com/2023/06/30/opinion/birthright-citizenship-trump-desantis.html?smid=nytcore-ios-share&referringSource=articleShare

Jamelle concludes:

. . . .

The birthright citizenship clause of the 14th Amendment, based on similar language found in the Civil Rights Act of 1866, was a direct response to and a rebuke of [chief Justice] Taney’s reasoning [in Dred Scott]. Having won the argument on the battlefield, the United States would amend its Constitution to establish an inclusive and, in theory, egalitarian national citizenship.

The authors of the 14th Amendment knew exactly what they were doing. In a country that had already seen successive waves of mass immigration, they knew that birthright citizenship would extend beyond Black and white Americans to people of other hues and backgrounds. That was the point.

Asked by an opponent if the clause would “have the effect of naturalizing the children of Chinese and Gypsies born in this country,” Senator Lyman Trumbull, who helped draft the language of birthright citizenship in the Civil Rights Act, replied “Undoubtedly.” Senator John Conness of California said outright that he was “ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others.”

In 1867, around the time Congress was debating and formulating the 14th Amendment, Frederick Douglass delivered a speech in Boston where he outlined his vision of a “composite nationality,” an America that stood as a beacon for all peoples, built on the foundation of an egalitarian republic. “I want a home here not only for the Negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours,” Douglass said. “The outspread wings of the American Eagle are broad enough to shelter all who are likely to come.”

If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.

Embedded in birthright citizenship, in other words, is the potential for a freer, more equal America. For Donald Trump and Ron DeSantis, that appears to be the problem.

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

Read the rest of Jamelle’s outstanding article and get the real story about the 14th Amendment. It has nothing to do with the racist lies and distortions spewed forth by Trump, DeSantis, and their fellow GOP white supremacists!

As we know, Congress has failed to address the realities of immigration since the enactment of IRCA in 1986. That has inevitably led to a large, disenfranchised population of undocumented residents — essential members of our society, yet deprived of political power and the ability to reach their full potential by their “status.” Consequently, they are  subject to exploitation.

Nevertheless, this phenomenon would be much more serious without the “genius of the 14th Amendment.” Notwithstanding the failure of the political branches to address immigration in a realistic manner, the overwhelming number of the “next generation” of that underground population are now full U.S. citizens with the ability to participate in our political system and otherwise assert their full rights in our society.

Thus, because of the 14th Amendment we have avoided the highly problematic phenomenon of generations of disenfranchised Americans, essentially “stateless individuals,” forced into an underground existence. It’s not that these individuals born in the U.S., who have known no other country, would be going anywhere else, by force or voluntarily. Nor would it be in our best interests to degrade, dehumanize, and exclude generations of our younger fellow citizens as Trump, DeSantis, and the GOP far right extremist crazies advocate.

Additionally, in contradiction of traditional GOP dogma about limited government, the Trump/DeSantis charade would spawn a huge new and powerful “citizenship determining bureaucracy” that almost certainly would work against the poor, vulnerable, and individuals of color in deciding who “belongs” and who doesn’t and what documentation suffices. How many adult American citizens today who have deceased parents could readily produce definitive documentation of their parents’ citizenship?

So, notwithstanding GOP intransigence, their vile and baseless attacks on the 14th Amendment, and the lack of political will to solve and harness the realities and power of human immigration, the 14th Amendment is at work daily, solving much of the problem for us and making us a better nation, sometimes in spite of our Government’s actions or inactions. And, it performs this essential service in a manner that is relatively transparent and minimally bureaucratic for most. 

🇺🇸 Due Process Forever!

PWS

07-01-23

🇺🇸 MAINE VOICES: A “Woke” America Is A Better America, Says Don Bessey Of Old Orchard Beach — Speak Out Against the Agenda Of Hate, Marginalization, & Dehumanization Being Touted By Right-Wing Politicos & Their Followers! — “These people should not be leading our wonderful country.”

Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Ron DeSantis
Dave Grandlund
PoliticalCartoons.com
Republished under license
Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!

https://www.pressherald.com/2023/06/10/maine-voices-woke-should-not-be-a-four-letter-word/

From the Portland Press Herald:

Maine Voices: ‘Woke’ should not be a four-letter word

Being aware of how we have treated and still treat other people in our society is so important to our society’s evolving that it should be honored, not vilified.

It is frustrating to see the continuous redefining of words and terms by the extremist conservative element in our society and government. One of these terms is “woke.” According to Merriam-Webster, the definition is “aware of and actively attentive to important societal facts and issues.” I will add in the qualification as well: “especially issues of ABOUT THE AUTHOR

For my entire life I have strived to embrace this philosophy, trying to listen to and understand other opinions, beliefs and religions, whether they agreed with mine or not, understanding that one cannot fully comprehend a point of view without appreciating the counterpoint. This certainly requires personal evolution and maturity. Being aware of the true history of our country, of how we have treated and still treat other people in our society, is so important to our society’s evolving that it should be honored, not vilified.

The term “woke” has now been unjustly transformed into a negative term. Let that sink in: Attention to important facts and issues, the truth, is something to avoid and discredit. Somehow, this makes sense to a significant number of our political leaders and fellow Americans. It appears that what is most troubling for those who would see “woke” as a vile four-letter word is the qualification above, that it applies to “issues of racial and social justice.”

One of the tag lines for objecting to this thought is that it may cause someone to feel uncomfortable or criticized by being confronted with these historical facts. Personally, I strongly desire to know the truth. I am delighted – admittedly, shocked sometimes – by learning about the history we were never taught, which was suppressed to a large extent for so many years by those who perpetrated many injustices. The historical truth has never made me feel bad about myself. In fact, it is enlightening. It expands my understanding of how and why we have come to this place in our evolution. It shows me how to be better and more empathetic, and it suggests the path forward.

I believe I do understand why this can be so threatening and discomforting to so many. I believe that the truth is like a mirror to them. They see their own racist views, their distrust of anyone they perceive as being “different” as a significant threat. I feel so sad for them, since in my life, through being open to other races, ethnicities, religions and thoughts, I have learned so much and have been blessed with a much more beautiful world, life and friends.

It is extremely troubling to see elected officials, the leaders of our political parties, and fellow Americans embracing and endorsing this philosophy of derision, division and hateful rhetoric that has its roots in the cesspool of white supremacist thought.  They are leading us into the abyss of an authoritarian kakistocracy, or government by the worst of us. We must all, every rational one of us, stand and reject this thinking. We must only, and always, embrace truth, the actual facts. These people should not be leading our wonderful country.

Don Bessey is an Air Force veteran of the Vietnam War and a resident of Old Orchard Beach.

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

Well said, Don! Thanks for speaking out so forcefully! 

Don’s views echo several previous postings from Courtside:

Walter Rhein: “When people say they are ‘anti-woke,’ I interrupt them and say ‘You mean ‘anti-black.’ They become enraged and act like they’re the victims (like racists always do).”https://wp.me/p8eeJm-8tJ

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

 

As [Villanova University President] Father [Peter M.] Donohue said at yesterday’s celebration,  “‘Woke’ means social justice!” https://wp.me/p8eeJm-8vF

 

🇺🇸Due Process Forever!

PWS

06-11-23

 🏴‍☠️☠️ NAACP ISSUES TRAVEL WARNING: Florida, The Neo-Fascist “Hate State” ⚠️

 

Nina GolgowskiSenior Reporter HuffPost PHOTO: HuffPost
Nina Golgowski
Senior Reporter
HuffPost
PHOTO: HuffPost

Nina Golgowski reports for HuffPost:

The NAACPs Board of Directors has issued a travel warning about Florida that accuses the state, and pointedly Gov. Ron DeSantis, of being openly hostile toward African Americans, people of color and LGBTQ+ individuals.”

Before traveling to Florida, please understand that the state of Florida devalues and marginalizes the contributions of, and the challenges faced by African Americans and other communities of color,” the notice issued Saturday states.

The civil rights organization specifically accuses DeSantis, a possible 2024 Republican presidential candidate, of aggressively attempting to erase Black history and restrict diversity, equity, and inclusion programs in Florida schools.”

. . . .

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

Read Nina’s complete report at the link.

Colfax Massacre
“Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873” — White Nationalist snowflakes like DeSantis feel diminished and threatened by the truth about American history and the role of race.                                                                  

The “anti-woke agenda” touted by DeSantis is a very thinly disguised euphemism for “overtly racist!” That, decades after folks like Gov. George Wallace and Sen. Strom Thurmond unabashedly made hate, segregation, and racism the “centerpieces” of failed presidential bids, racists like DeSantis are openly campaigning on the same basic platform, and enacting it in their “mini-reichs,” should be deeply disturbing to younger generations of voters who will have to live with the stupidity, ignorance, cynicism, and hate promoted by these immoral GOP pols. It’s a race backwards and to the bottom that can only end in a complete catastrophe for our nation and the world!

Also remember: It all started with the dehumanization and false demonization of migrants. Many, including too many Dems, have been unwilling to stand up against it! That’s how the GOP’s “destroy America” agenda gains traction!

🇺🇸 Due Process Forever!

PWS

05-22-23

 

 

🇺🇸🗽⚖️ NDPA SUPERHERO 🦸🏽‍♀️ MARIA DANIELLA PRIESHOFF: Cut The Dehumanizing Language! — “[T]he more dehumanizing language we use, the more likely it is that we will see immigrants as the “other” to justify cruel immigration policies.”

Maria Daniella Prieshoff
Maria Daniella Prieshoff
Senior Attorney
Tahirih Justice Center
Baltimore, MD
PHOTO: Tahirih

https://otherwords.org/retire-this-dehumanizing-language-about-immigrants/

Four Central American girls at a tent for U.S. asylum seekers in Reynosa, Mexico. For years now the U.S. has forced asylum applicants to wait in Mexico, often for years and in dangerous conditions. (Shutterstock)
Four Central American girls at a tent for U.S. asylum seekers in Reynosa, Mexico. For years now the U.S. has forced asylum applicants to wait in Mexico, often for years and in dangerous conditions. (Shutterstock)

Retire This Dehumanizing Language About Immigrants

Human beings fleeing persecution are not a “flood” or “surge.” And it’s not “illegal” when they cross the border to seek asylum.

Daniella Prieshoff

Last year, my client Susan called me to discuss her immigration case.

During our conversation she referenced the news that immigrants were being bused from the southern border to cities in the North, often under false promises, only to be left stranded in an unknown city.

In confusion and fear, Susan asked me: “Why do they hate us so much?”

While I couldn’t answer Susan’s question, her underlying concern highlights a startling escalation of public aggression against migrants over the past year.

There seems to be a growing “us” versus “them” mentality towards immigrants. This divisive language serves no purpose other than to divide our country, undermine the legal right to seek asylum in the United States, and cultivate a fear of the most vulnerable.

A clear example is showcased in recent media coverage of northbound migration across the U.S.-Mexico border. Many outlets describe recent migration through the Americas as a “flood,” “influx,” “wave,” or “surge”— language that reinforces the notion that migration is akin to an imminent, uncontrollable, and destructive natural disaster.

These descriptions are accompanied by sensational photographs and videos of long lines of brown and Black immigrants wading across the Rio Grande, crowding along the border wall, or boarding Customs and Border Patrol (CBP) vehicles to be transported to detention.

Woven into this framing is the near-constant use of the term “illegal” or “unlawful” to describe unauthorized crossings. As an advocate for immigrant survivors of domestic violence, sexual violence, and trafficking, I’m alarmed by the use of this language to describe a migrant’s attempt to survive.

Moreover, it’s often simply incorrect. A noncitizen who has a well-founded fear of persecution in the country from which they’ve fled has a legal right — protected under both U.S. and international law — to enter the United States to seek asylum.

When mainstream media wield the term “illegal” as though it were synonymous with “unauthorized,” they misinform readers and falsely paint asylum seekers as criminals.

Worse still, they encourage politicians who call immigrants themselves “illegals,” a deeply dehumanizing term. And the more dehumanizing language we use, the more likely it is that we will see immigrants as the “other” to justify cruel immigration policies.

We must retire the use of this inflammatory rhetoric, which distracts from real solutions that would actually serve survivors arriving at our borders.

Migrants expelled back to their home countries are at grave risk of severe harm or death at the hands of their persecutors. Those forced to remain in Mexico as they await entry to the United States are increasingly vulnerable to organized crime or abusive and dangerous conditions in detention.

And those who have no choice but to desperately navigate dangerous routes to the United States to avoid apprehension are increasingly dying by dehydration, falling from cliffs, and drowning in rivers.

The words we use in everyday discourse mean something — they can spell out life or death for those among us who are most vulnerable to abuse and exploitation. Now more than ever, I’d urge the public and the media to retire the use of sensationalizing, stigmatizing, and misleading imagery and rhetoric surrounding immigration.

Now is the time to apply accuracy and humanity in our depictions of migrants. Let’s not repeat the errors of our past.

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

Thanks for speaking up, MDP!

Dehumanization of the “other” has a long ugly history in the U.S., of course going back to enslaved African Americans, Native Americans, and the Chinese Exclusion Laws. 

We also see that dehumanizing language has extended from asylum seekers and other migrants to the LGBTQ+ community, Asian Americans, advocates for social justice, homelessness, handicaps, economic disadvantages, women, government officials, political opponents, etc.

🇺🇸 Due Process Forever!

PWS

05-05-23

🚫HISTORY THE GOP DOESN’T WANT YOU TO KNOW: Let’s Be Very Clear About The Truth That White Nationalist Racists Want To “Whitewash” & Its Continuing Corrosive Effect on Our Nation! 

 

Anti-Chinese Poster
This is part of the “real history” of America! The GOP doesn’t want to talk about it!
Public Realm

https://www.latimes.com/california/story/2022-11-12/la-me-eureka-chinatown-history

Show Search

CALIFORNIA

This California town ran its Chinese residents out. Now the story is finally being told

Mary Chin stands beside a mural in downtown Eureka, Calif., depicting her late husband, Ben Chin, who was said to be the first Chinese American to move to the town in seven decades. (Myung J. Chun / Los Angeles Times)

BY HAILEY BRANSON-POTTSSTAFF WRITER

NOV. 12, 2022 5 AM PT

EUREKA, Calif. —  Beauty drew Brieanne Mirjah D’Souza to Eureka.

In 2018, she and her husband — Michigan natives who had been living for a spell in the Bay Area — moved up to this chilly old timber town to build a life beneath the redwoods and by the sea.

But last winter, pregnant with her first child, D’Souza began reflecting on this pretty place she would bring her son into.

D’Souza, a 32-year-old digital marketer, is of Chinese and West Indian descent. And Humboldt County is very white.

As D’Souza’s belly grew and the headlines told of a dramatic surge in anti-Asian hate crimes amid the COVID-19 pandemic, D’Souza set out to find other people who looked like her.

ADVERTISEMENT

A fledgling group started meeting over Zoom and trading emails. They learned there had once been a Chinatown in Eureka. Maybe they could commemorate it with a plaque, they figured.

But where had it gone?

::

In the late 19th century, Chinatown occupied a single block in the middle of the remote, misty port town.

A historical photo is held up at the corner of 4th and E Streets in Eureka during a guided tour of the city’s old Chinatown, which stood on the right in both images. (Myung J. Chun / Los Angeles Times)

A few hundred Asian immigrants — mostly men — lived in Eureka after a federal law barred immigration from China in 1882.

They toiled in redwood logging camps, laundries and restaurants. They were nannies and household servants and vegetable growers. They were former gold prospectors priced out of the work because of a predatory state tax on foreign miners.

When the economy soured in the 1880s, white people blamed them, claiming they stole jobs. Newspapers whipped up anti-Chinese sentiment.

ADVERTISEMENT

pastedGraphic.png

Top Heart Surgeon: This Simple Trick Helps Empty Your Bowels Every Morning

Sponsored by Guthealthwellness

“There were a lot of stereotypes: that Chinese people were diseased, they were morally corrupt, they would not assimilate to the rest of American society at the time,” said Katie Buesch, a former director and curator at the Clarke Historical Museum in Eureka.

That sentiment was par for the course in the Golden State at the time.

Some California city officials are now acknowledging the ugly past — a counter-movement to red-state politicians pushing to ban books and limit the teaching of history that involves race.

Antioch and San Jose apologized last year for burning their Chinatowns in the late 1800s. San Francisco apologized for barring Chinese children from public schools.

Los Angeles is working on a memorial to commemorate an 1871 massacre in which at least 18 Chinese people were fatally shot or hanged. And in Pacific Grove earlier this year, organizers canceled a pageant that had long featured performers in yellowface.

In Humboldt County, Buesch, who had put together a small museum exhibit on Eureka’s Chinese community just before the pandemic, was struck by an 1885 article in the Daily Times-Telephone newspaper about Chinatown.

ADVERTISEMENT

“The time has come when these plague spots should be removed,” the newspaper wrote.

On Feb. 5, 1885, the newspaper, which called the Chinese neighborhood a violent, drug-addled “leper’s colony,” wrote that it would probably be “goodbye to Chinatown” if an “unoffending white man” were killed there.

A Chinese vegetable merchant carries his goods in Eureka before the Chinese expulsion in 1885.(Courtesy of Jean Pfaelzer)

The very next day, a white Eureka city councilman who lived near Chinatown was walking past. Shots rang out between what is said to be two Chinese men, although details are scant. A stray bullet killed the councilman.

An angry mob of more than 600 white people — loggers, fishermen, miners and merchants — filled the streets, said Jean Pfaelzer, author of “Driven Out: The Forgotten War Against Chinese Americans.”

A gallows was erected. An effigy of a Chinese man swung from a noose.

CALIFORNIA

White residents burned this California Chinatown to the ground. An apology came 145 years later

July 26, 2021

Someone suggested slaughtering the Chinese, but that was deemed un-Christian, Pfaelzer said. Others said they should burn Chinatown, but its scrap wood buildings belonged to a white man, since the Chinese were not allowed to own property.

They instead appointed a committee of 15 men to go into Chinatown and order everyone to leave. The sheriff commissioned wagons to gather their belongings. Armed vigilantes roamed on horseback.

ADVERTISEMENT

According the the Clarke Museum website, a group of Chinese and Japanese people were secretly brought in to work in a local cannery but were expelled after being found out. They were sent by barge to an island in Humboldt Bay before catching a ship back to Washington. (Myung J. Chun / Los Angeles Times)

The next morning, about 300 Chinese people were marched to the wharf and eventually loaded onto two steamships: The Humboldt and The City of Chester.

They were shipped to San Francisco, where no one knew they were coming, Pfaelzer said. They disembarked and fled.

A few dozen sued the city of Eureka, but a judge tossed out their lawsuit.

The purge, which became known as the “Eureka method,” was copied in other towns across California and hailed by white people as nonviolent.

By 1890, the business directory for Humboldt County was boasting that it was “the only county in the state containing no Chinamen.” A Eureka law, in effect until the mid-20th century, banned Chinese people from working in the city.

::

Eureka’s Chinatown consisted of one square block, bottom center, in what is now the city’s downtown. The city forced expelled its Chinese residents in 1885 after the shooting death of a white city councilman. (Myung J. Chun / Los Angeles Times)

ADVERTISEMENT

In the spring of 2021, a gunman killed eight people, including six women of Asian descent, at three Atlanta-area spas.

The shootings sparked an outpouring of activism and calls to #StopAsianHate. They followed months of heightened attacks on Asian Americans amid a political climate in which then-President Trump was calling the coronavirus the “Chinese virus” and “kung flu.”

Around that time, D’Souza had set up an Instagram account she called APA Humboldt.

D’Souza quickly heard from a local group of Asian Americans who had organized a series of Japanese taiko drum performances before the pandemic.

They began meeting virtually. Their numbers grew. There was a real hunger for community in this county where only 3% of the population is Asian or Pacific Islander.

The group delved into local history, poring through legal briefs, census data, letters, maps and journals to piece together the little-known story of Eureka’s Chinatown, which had been told mostly from a white perspective.

“We all had an awakening of sorts,” D’Souza said. “There was no awareness that there was once a thriving Chinese community here … and they faced the same kind of discrimination and racism that we’re still facing today.”

D’Souza figured they would install a plaque before her baby came, and that would be that.

Eureka’s Chinatown, pictured in the late 19th century.(Courtesy of Jean Pfaelzer)

But what became known as the Eureka Chinatown Project — the work of the group now called Humboldt Asians & Pacific Islanders in Solidarity — blossomed.

With support from the city, they erected signs describing the expulsion in Historic Chinatown — which, today, is a downtown business district with banks, parking lots and no trace of the neighborhood that once stood.

There are plans for a monument.

And — with a mural and a renamed roadway — the Eureka Chinatown Project honored two local Chinese American pioneers whose legacies were too little known.

. . . .

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

Read the complete article at the link.

We can’t build for a better future on the positive foundations of America without honestly acknowledging, discussing, and addressing the racism and injustices of the past. The GOP “history deniers” are hamstringing our nation!

You can trace today’s rise in anti-Asian-American hate crimes, anti-Asian racial slurs from a former President, and snarky “anti-woke proclamations” from DeSantis directly to the ugliest truths about America’s past. 

And, just because the latter can speak in complete sentences doesn’t mean that he isn’t just as dangerous to democracy and unsuited to public office as Donald Trump! White Nationalist theocracy and lies are bad for our country no matter who utters them. 

DeSantis’s self-proclaimed “Red Florida Paradise” also relies on the hard work of migrants, many of them undocumented, and some other charitable out of state benefactors to literally remain above water: Joe Biden, Democrats, and lots of “Blue State taxpayers:”

Gov. Ron DeSantis has been a persistent critic of President Joe Biden on nearly every policy front as he moves toward a likely potential 2024 presidential bid. But the Florida Republican likes one thing about the president: his wallet.

https://www.politico.com/news/2022/10/03/desantis-federal-relief-cash-fund-priorities-00060020

DeSantis is every bit the charlatan, flim-flam man, would-be theocrat, and purveyor of a whitewashed version of US “history that never was” as Trump. (Concededly, unlike Trump, he actually has won the popular vote in elections.) Under our system, if Floridians have the colossal bad judgement to elect him, that’s their call (although at some point, it could get tiresome for the rest of us to keep bailing them out). But, they have no right to inflict him on the rest of our nation. For the sake of democracy, humanity, and integrity, the rest of us must insure that DeSantis remains where he belongs — below the “Florida-Georgia line.”

🇺🇸Due Process Forever!

PWS

11-14-22

📖COURTSIDE HISTORY: BEYOND THE CHINESE EXCLUSION ACT, RACISM IS AT THE CORE OF U.S. IMMIGRATION POLICY — Professor Andrew S. Rosenberg Interviewed On New Book By Isabela Dias @ Mother Jones!

Isabela Dias
Isabela Dias
Staff Writer, Immigration & Social Issues
Mother Jones
PHOTO: Twitter
Professor Andrew S. Rosenberg
Professor Andrew S. Rosenberg
Assistant Professor of Political Science
U of Florida
PHOTO: Website

https://apple.news/AOMcfZiMFQ0OSgozcppDcjg

“Undesirable Immigrants: Why Racism Persists in International Migration”

. . . .

In the book, you dispute the assumption that the right to border control and to exclude foreigners is an inherent feature of sovereign states. Instead, you frame it as a “modern consequence of racism.” Why do you see it that way?

The nation-state is a relatively modern invention on the scale of human history. Today, we have this conventional wisdom floating around that it is the natural right and duty of nation-states as sovereign entities to be able to restrict foreigners and have these really hard borders—and that it’s that ability that makes a state what it is. Actually, if you go back in time and look at the international legal thought that emerged from the 15th through the 19th centuries on what it actually means to be a state, the commonly held assumption that people like the late Justice [Antonin] Scalia and others talk about, is actually an invention of the 19th century. In the 16th and 17th centuries, the great thinkers of international legal jurisprudence or of state theory either thought that states had a right or an obligation to be hospitable to foreigners and to allow them free passage into their territory or, at most, it was up for raucous debate. It was only in the 19th century, when immigrant-receiving countries like the United States began receiving a large influx of racially different outsiders like the Chinese, that this presumption that sovereign states have a right and an obligation that can be tied back to their status as sovereign states to restrict outsiders emerged.

People like Texas Governor Greg Abbott seem to invoke that supposed inherent right when they describe migrants at the border as an “invasion.”

Precisely. These types of “declarations of war” are one of the clearest examples of this ideology seeping into public debate, which leads everyday people to create this idea that migrants are undesirable outsiders who are not fit for, or are undeserving of reaping the benefits of living in the United States or participating in our society.

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

Read the complete interview at the link.

The myth of the “undesirable immigrant” — at the heart of the anti-immigrant rabble rousing of Trump, Miller, Bannon, DeSantis, Abbott, Cotton, Hawley, etc. — has deep roots in American racial history.

I’ve said it many times: There will be neither racial justice nor equal justice for all without justice for immigrants (regardless of status). Laws like the Refugee Act of 1980, that very explicitly make arrival status irrelevant to access to a fair legal process, have been intentionally misinterpreted and misapplied by right-wing judges from the Supremes all the way down to the Immigration Courts. 

Advocates for civil rights, womens’ rights, LGBTQ+ rights, voting rights, disability rights, and other fundamental rights that have been unlawfully restricted or diminished, usually, but certainly not exclusively, by the right, who continue to ignore the primacy of dealing with the intentional unfair, racially biased treatment of migrants do so at their own peril!

🇺🇸 Due Process Forever!

PWS

08-12-22

🤮 UGLY HISTORY OF RACISM & BIAS INFECTS U.S. REFUGEE RESPONSES!

Laura Alexander
Dr. Laura Alexander
Goldstein Family Chair in Human Rights
Assistant Professor
U. of Nebraska-Omaha
PHOTO: UNO

https://theconversation.com/how-race-and-religion-have-always-played-a-role-in-who-gets-refuge-in-the-us-181700?utm_medium=email&utm_campaign=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632&utm_content=Latest%20from%20The%20Conversation%20for%20April%2028%202022%20-%202276322632+Version+B+CID_a6f7cc645a264986686de82dd759a5c6&utm_source=campaign_monitor_us&utm_term=How%20race%20and%20religion%20have%20always%20played%20a%20role%20in%20who%20gets%20refuge%20in%20the%20US

From The Conversation:

How race and religion have always played a role in who gets refuge in the US

Laura E. Alexander Published: April 28, 2022 8.21am EDT

pastedGraphic.png

Ukrainian refugees wait near the U.S. border in Tijuana, Mexico. AP Photo/Gregory Bull

In the weeks since Russia invaded Ukraine, millions of Ukrainians have fled the country as refugees. Hundreds of those refugees have now arrived at the southern border of the United States seeking asylum, after flying to Mexico on tourist visas.

At the border, Ukrainians, alongside thousands of other asylum seekers, must navigate two policies meant to keep people out. The first is the “Migrant Protection Protocols,” a U.S. government action initiated by the Trump administration in December 2018 and known informally as “Remain in Mexico.” The second is Title 42, a Centers for Disease Control and Prevention directive crafted in 2020, ostensibly to protect public health during the COVID-19 pandemic. The directive expels all irregular immigrants (those without permanent residency or a visa in hand) and asylum seekers who try to enter the U.S. by land.

On March 11, 2022, however, the Biden administration provided guidance allowing Customs and Border Protection officers to exempt Ukrainians from Title 42 on a case-by-case basis, which has allowed many families to enter. However, this exception has not been granted to other asylum seekers, no matter what danger they are in. It is possible that the administration may lift Title 42 at the end of May 2022, but that plan has encountered fierce debates.

The different treatment of Ukrainian versus Central American, African, Haitian and other asylum seekers has prompted criticism that the administration is enforcing immigration policies in racist ways, favoring white, European, mostly Christian refugees over other groups.

This issue is not new. As scholars of religion, race, immigration, and racial and religious politics in the United States, we study both historical and current immigration policy. We argue that U.S. refugee and asylum policy has long been racially and religiously discriminatory in practice.

Chinese asylum seekers

Race played a major role in who counted as a refugee during the early years of the Cold War. The displacement of millions fleeing communist regimes in Eastern Europe and East Asia created humanitarian crises in both places.

Under significant international pressure, Congress passed the 1953 Refugee Relief Act. According to historian Carl Bon Tempo, in the minds of President Dwight Eisenhower and most lawmakers, “refugee” meant “anticommunist European.” The text and implementation of the act reflected this. Of the 214,000 visas set aside for refugees, the law designated a quota of only 5,000 spots for Asians (2,000 for Chinese and 3,000 for “Far Eastern” refugees). Ultimately, approximately 9,000 Chinese (including 6,862 Chinese wives of U.S. citizens who came as nonquota migrants) were admitted under the 1953 refugee law, compared with nearly 200,000 southern and eastern Europeans, over the next three years.

Racial prejudice impacted the international response to refugees as well. By the late 1940s and early 1950s, United Nations officials had declared the displaced population in Europe a humanitarian crisis and appealed to the international community to relieve these pressures by accepting refugees. Over the next decade, Western nations including the U.S., France and Great Britain received millions of displaced Europeans as part of a larger Cold War public relations strategy to contain the Soviet Union and demonstrate the superiority of Western capitalist societies to life behind the Iron Curtain.

Millions of ethnic Chinese displaced by the 1949 Communist Revolution were not greeted so kindly. In the early 1950s, Hong Kong’s population tripled due to mainland Chinese fleeing civil war and communist rule, triggering a crisis. Most Western countries, however, continued to exclude Chinese and other Asians from immigrating and made few exceptions for refugees.

In the United States, exclusionary provisions that barred Asians from immigrating as “aliens ineligible to citizenship” would not be removed from immigration law until the 1965 Immigration Act.

Haitian asylum seekers

The first Haitian asylum seekers, who are overwhelmingly Black, attempted to reach the U.S. in boats in 1963 during the dictatorship of Francois Duvalier. It was a period of great economic inequality and severe violent repression of political opposition in Haiti.

pastedGraphic_1.png

Haitian refugees who were intercepted by the U.S. Coast Guard returning to Port-au-Prince after being repatriated in 1992. AP Photo/Daniel Morel

Between 1973 and 1991, more than 80,000 Haitians tried to seek asylum in the U.S. The U.S., however, consistently attempted to intercept and turn back boats carrying Haitian asylum seekers to avoid having to hear their cases.

In the 1980s and 1990s, nearly every single Haitian who tried to request asylum was either denied or turned away. Some disparities between asylum rates could be explained by political factors, particularly the U.S. government’s interest in prioritizing refugees from communist countries.

However, the U.S. District Court for the Southern District of Florida and the 11th Circuit Court both found, in Haitian Refugee Center v. Civiletti and Jean v. Nelson respectively, that racial discrimination could be the only reason for such strikingly different outcomes for Haitians. In Jean v. Nelson, the 11th Circuit heard evidence from plaintiffs that there was a less than two-in-1 billion chance that Haitians would be denied parole so consistently if immigration policies were applied in racially neutral ways. Both courts also noted the differences in outcomes of asylum claims between Cuban refugees, who were predominantly white, and Haitian refugees.

In the same time period, even while Black Haitian asylum seekers were being turned away, European immigrants, who were primarily white, received preference in the Diversity Visa system created by the Immigration Act of 1990. Northern Ireland, for example, was designated as a separate country from the United Kingdom, and 40% of “diversity transition” visas allocated during 1992 to 1994 were earmarked for Irish immigrants.

Similar accusations of racism and discriminatory treatment have surfaced over the last several months as Haitian asylum seekers at the U.S.-Mexico border have been forced onto flights to Haiti and have faced degrading treatment.

Syrian refugees and the Muslim ban

Beginning in January 2017, President Donald Trump issued a series of executive orders described by many refugee advocates as the “Muslim Ban.” The ban suspended the entry of people from majority-Muslim countries, including Syrians, and limited the number of refugee admissions of several majority-Muslim countries.

pastedGraphic_2.png

Few Syrian refugees were allowed into the U.S. In this photo, Syrian refugees wait to be approved to get into Jordan. AP Photo/Raad Adayleh, File

Syrian refugees, most of whom fled the Syrian civil war that began in 2011 and violence by the Islamic State, were specifically targeted in the Muslim Ban.

A February 2017 version of the Muslim Ban claimed that Syrian refugees were “detrimental to the interests of the United States and thus suspend[ed]” from admission, with few exceptions. This contributed to a significant decrease in the number of Syrian refugees – from 12,587 to 76 between financial year 2016 to 2018.

Research shows that religion, particularly Islam, is used to create symbolic boundaries of racial distinction in order to promote immigration enforcement goals. Specifically, the government attempted to justify an exclusionary refugee policy based on race and religion by implicating Muslims and refugees in terrorism, as Trump did in speeches, even calling Syrians the “trojan horse” for terrorism.

International agreements for refugees and asylum seekers clearly state that admissions should be based on need. In principle, U.S. law says this as well. But these key moments in United States history show how race, religion and other factors play a role in determining who is in, and who is out.

While refugees from the war in Ukraine deserve support from the United States and other countries, the contrast between the treatment of different groups of refugees shows that the process of gaining refuge in the United States is still far from equitable.

[Explore the intersection of faith, politics, arts and culture. Sign up for This Week in Religion.]

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

Yup!

And, the ongoing grotesque abuses of Title 42 to target refugees of color is Exhibit A! So, why are some “tone deaf” Democrats advocating this racist action?

  • Because the polls tell them is “politically expedient” to favor racism?
  • Because racism at the border and in the immigration system are thought to be “below the radar screen?” 
  • Because dead refugees of color “don’t matter?”
  • Or, put another way, because the lives of refugees of color don’t matter? 

🇺🇸Due Process Forever!

PWS

05-02-22

☹️THEY WORKED DANGEROUS JOBS, PUT FOOD ON OUR TABLES DURING THE PANDEMIC, & ARE MEMBERS OF A GROUP WHO PAID $9 BILLION IN U.S. TAXES — Their “Reward” Has Been A Short-Sighted “Slap In The Face” That Also Penalizes More Than 1 Million U.S. Citizen Children! — Julia Preston Reports For The Marshall Project

Julia Preston
Julia Preston
American Journalist
The Marshall Project

https://www.themarshallproject.org/2021/12/15/essential-but-excluded

https://elpais.com/internacional/2021-12-15/esenciales-pero-excluidos.html

Essential but Excluded

Immigrants put seafood on America’s tables. But many have been shut out of pandemic aid — and so have their U.S. citizen children.

By JULIA PRESTON and ARIEL GOODMAN

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

Somewhat reminiscent of how the Chinese workers who were key to building the transcontinental railroad were “rewarded” with the Chinese Exclusion Act and more than a century of anti-Asian bias and hate that continues today.

See, e.g., https://immigrationcourtside.com/2019/05/31/history-chinese-workers-made-america-great-by-building-the-transcontinental-railway-their-reward-from-a-racist-nation-deportation-exclusion-bias/

https://immigrationcourtside.com/2019/05/10/courtside-history-beyond-trumps-mythical-white-nationalist-nation-lets-see-who-besides-enslaved-african-american-forced-migrants-did-the-work-that-made-america-gre/

https://immigrationcourtside.com/2021/03/31/%f0%9f%a4%ae%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%91%8e%f0%9f%8f%bbhistory-of-hate-misogyny-vilification-racist-hate-directed-at-asian-women-has-deep-roots-in-u-s-law-jessica/

☹️Unfortunately, America has a long unhappy history of mistreating, exploiting, and demonizing immigrants whose hard work, courage, and perserverance against the odds built our nation into what it is today! Old habits of bias, ingratitude, false racial supremacy, and vilification of “the other” — or at least the “perceived other,” since in truth we’re all important parts of the real America  — are hard to break. But, it would be a real boost for our nation and humanity if we could overcome the darker part of our past and move forward as one.

Thanks for sending this important piece my way, Julia!

🇺🇸🗽Due Process Forever!

PWS

12-17-21

🇺🇸🗽⚖️NDPA VIRTUAL OPPORTUNITY: Meet Rising Superstar 🌟  & Social Justice Advocate Denea Joseph, Current Ousley Social Justice Resident @ Beloit College — Friday, Sept. 17 @ 7:00 PM CDT — FREE Virtual Link Here!

Of interest? You can join virtually.

———- Forwarded message ———

From: Atiera Lauren Coleman <colemana@beloit.edu>

Date: Wed, Sep 8, 2021 at 3:10 PM

Subject: [EVENT] Ousley Residency: All Black Lives Matter: Black Immigrants and the Immigrants’ Rights Movement

To: <facstaff@lists.beloit.edu>

Ousley Residency Keynote Speaker

Denea Joseph

Friday, September 17, 7:00 PM – In-person & Virtual – (Add to Google Calendar)

BTYB – Student Success, Equity, and Community and the Weissberg Program in Human Rights & Social Justice

The Office of Student Success, Equity & Community Ousley Scholar In Residency honors the legacy of Grace Ousley, the first black woman to graduate from Beloit College. It is a junior scholar/activist/organizer/intellectual committed to the theory and practice of social justice. They should embody the “academic hustler” who fights for “social justice” in all aspects of their work. Support for the residency comes from the Weissberg Program in Human Rights and Social Justice and the Office of Student Success. Equity & Community.

pastedGraphic.png

Event Details

Date: Friday, September 17, 2021

Time: 7:00 PM -8:30 PM

How to attend

In-person – Weissberg Auditorium – Powerhouse

Virtual – Join Zoom Meeting  https://beloit.zoom.us/j/81172664933

 

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

This promises to be a great program! And, the Ousley Residence Program is a fantastic contribution to educating and inspiring new generations of Americans about the many challenges still facing us in achieving social justice in our nation.

The abrogation of due process and dehumanization of people of color has, outrageously, become part of the dysfunctional U.S. Immigration Court System. The last Administration specifically encouraged and promoted this ugly, anti-democracy, phenomenon and then used it to spearhead an all-out assault on racial justice, gender equality, LGBTQ rights, religious tolerance, economic progress, voter rights, and humane progressive values throughout American society.

Unfortunately, many progressives have been slow to “connect the dots” and insist that meaningful social justice change start with fixing the racial and gender bias problems in our Immigration Courts, tribunals that are under the complete control of the Biden Administration!

For example, current Attorney General Merrick Garland rather incredibly claims to be standing up for women’s rights in Texas and defending voting rights for minorities while continuing to run misogynistic, regressive “Star Chambers” at EOIR, staffed with many judges hand-selected by Jeff Sessions and Billy Barr, and tossing vulnerable women refugees of color back across our Southern Border into harm’s way without any “process” at all, let alone “Due Process of Law.” Garland also continues to enable human rights abuses in the “New American Gulag” of DHS civil detention! We can see this process of dehumanization of the “other” before the law, called “Dred Scottification” by many of us, spreading throughout our legal system and being endorsed and “normalized” all the way up to the Supremes.

From the summary in the announcement above, it appears that Denea, based on her own inspiring life and achievements as a “Dreamer,” will help us to “connect the dots” between racial justice, immigrant justice, and equal justice for all. Immigrants’ Rights = Human Rights = Everyone’s Rights!

🇺🇸Due Process Forever!

PWS

09-09-21

🤮👎🏽ULTIMATE HIPOCRACY: EVEN AS AMERICA FINALLY CELEBRATES JUNETEENTH HOLIDAY, DRED SCOTT & INSTITUTIONALIZED RACIST DEHUMANIZATION REMAIN REALITIES FOR BLACKS & OTHER MIGRANTS OF COLOR AT EOIR & DHS — Imprisonment Without Trial, Bogus Bonds, Mistreatment In The New American Gulag, Jim Crow “Courts,” No Rule Of Law,  Still Realities For Those Of Color Exercising Legal Rights In Broken System!

 

“They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.”

Roger B. Taney, Chief Justice, Supreme Court, March 1857, Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857)

“Congress is entitled to set the conditions for an alien’s lawful entry into this country and that, as a result, an alien at the threshold of initial entry cannot claim any greater rights under the due process clause.”

Justice Samuel Alito, Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020)

Dred Scott
Dred Scott (circa 1857)
Public Realm — Black asylum seekers and other migrants aren’t celebrating the continuing disgraceful “Dred Scottification of the other” in Mayorkas’s “New American Gulag” and Garland’s “Miller Lite” Immigration “Courts” that aren’t “courts” at all!

 

 

Rowaida Abdelaziz
Rowaida Abdelaziz
Immigration Reporter
PHOTO: Twitter

https://www.huffpost.com/entry/institutional-racism-immigration-system_n_60cbc554e4b0b50d622b66d7

By Rowaida Abdelaziz in HuffPost:

Yacouba, a political activist in Ivory Coast, knew if he didn’t immediately flee his home country, he wouldn’t survive.

After being threatened, attacked and tortured by people sympathetic to those in power, Yacouba fled his country in 2018. He went to Brazil for a few years, then made a perilous trek through Peru, Ecuador, Colombia, Panama, Costa Rica, Honduras and Mexico before finally arriving in the United States.

The journey was one of the two most challenging periods of his life. The second was being detained as a Black immigrant in the U.S.

As the nation celebrates Juneteenth — a day commemorating the emancipation of African Americans who had been enslaved in the United States — as a federal holiday for the first time, Black Americans and immigrants are fighting to dismantle institutional racism, including within the immigration system. Black immigrants are disproportionately detained, receive higher bond costs, and say they face racist treatment within detention centers.

Recognizing and celebrating the emancipation of slaves is vital, activists say ― but continuing to take down systemic racism needs to come with it.

“From an immigration perspective, Black immigrants face disproportionate levels of detention and exclusion,” Diana Konate, policy director at the advocacy group African Communities Together, said Thursday on a press call. “These can be life-threatening, as Black immigrants often get deported back to unsafe and dangerous conditions. While we celebrate the victories, we keep in mind that a lot of work remains.”

. . . .

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

Read the rest of Rowaida’s article at the link.

Every day that Garland, Monaco, Gupta, and Clarke drag their collective feet on ending “Dred Scottification,” racial bias, and xenophobia at EOIR diminishes their credibility on all racial and social justice issues. To date, Garland has appointed zero (O) progressive judges at EOIR, has only scratched the surface of the White Nationalist bias in decision-making in the Immigration Courts, and has failed to re-establish due process and the rule of law for Blacks and other migrants of color at the border.

Justice Alito and his colleagues in the majority disgracefully basically “dressed up” the core of Dred Scott dehumanization and bias in “21st century faux constitutional gobbledygook and intentional, disingenuous fictionalization!” Make no mistake: asylum seekers applying at our borders with their lives and humanity at stake are “persons” subject to our jurisdiction and are entitled to full Constitutional due process and statutory rights that are being denied to them every day, currently by the Biden Administration.

While Alito & Co. are wrong, DEAD WRONG in all too many cases, nothing in their dishonest and misguided “jurisprudence” prevents Garland from providing due process to individuals, regardless of status, in Immigration Court and to ending the racism and dehumanization underneath both the mess at EOIR and the cowardly abdication of duty by the Supremes’ majority in Thuraissigiam! In human rights, you either solve the problem or become part of it. And, experts, journalists, and historians are making a permanent record of the actions of the Supremes and the Biden Administration when democracy and racial justice are under stress!

You don’t have to look very far to “connect the dots” between Alito’s dismissive attitude toward the human rights of Asians and other asylum seekers of color and the increase in hate crimes directed against Asian Americans and unfair policing of African Americans. Once courts and government officials endorse “dehumanization of the other based largely on ethnicity” the “protections” and “distinctions” of citizenship tend to also vanish. If the lives of migrants of color can be declared worthless, what difference does citizenship mean for those of the same ethnic heritage that Alito deems below humanity? Obviously, the  Trump kakistocracy’s attack on migrants of color was just a “place holder” for their attack on the rights of all persons of color in America! 

How can Garland’s DOJ demand racial justice in state law enforcement while operating America’s most notorious “Jim Crow Court System?”

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism — He still “rules the roost” at Garland’s EOIR!

It’s time for all civil rights and civil liberties organizations to join forces in demanding an end to bias and “Dred Scottification of the other” in Garland’s disgracefully dysfunctional Immigration “Courts.” Not rocket science!🚀 Just human decency, common sense, available (yet ignored) progressive expertise, and Con Law 101!

🇺🇸Due Process Forever!

PWS

06-21-21

🏴‍☠️👎🏻🤮“HOUSTON, WE’VE STILL GOT A PROBLEM!” — A HUGE AND GROWING ONE — Garland’s Failure To Restore “Justice @ Justice” Reverberates Throughout Our Nation!🆘

Judge Garland’s vision of “justice” for immigrants @ Justice:

Miller Lite
“Miller Lite” – Garland’s Vision of “Justice @ Justice” for Communities of Color
Stephen Miller Monster
Gone from the West Wing, but he and his EOIR “plants” remain an inspiration for “Dred Scottification” of the other, unconstitutional “judging,” worst practices, and demeaning treatment of human rights experts and due process advocates by the DOJ! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

Courtside Exclusive

By Paul Wickham Schmidt

May 5, 2021

This just in from a NDPA stalwart in Houston, TX:

Houston we still have a (huge) problem! Luckily we also have some great immigration advocates and members of the due process army.

. . . .

Houston EOIR is still closed for non-detained. They have just built a third immigration court here, “Greenspoint”, with over 30 brand new judges, just collecting dust (although that’s probably a good thing as it would only serve as a deportation mill). If you can believe the absurdity, you have to file a motion for change of venue + a motion to consolidate, to join family members whose cases have been placed in different courts all here in Houston. 🤦‍♂️🤦‍♂️

I believe Houston now has the 2nd largest backlog after New York City now, in large part due to the mismanagement by EOIR HQ.

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

From coast to coast, from the Rio Grande to the Great Lakes, Courtside followers and NDPA warriors are making it clear: Garland’s failure to take due process and racial justice in Immigration Court seriously and his disregard and disrespect for immigration/human rights experts is furthering havoc in the American justice system!

Is it “malicious incompetence” or just plain old incompetence and disregard for the due process rights of “the other” by Garland? Does it make any difference?

What will make a difference is flooding the Article IIIs with litigation challenging this ongoing constitutional nonsense and squandering of taxpayer funds! Overwhelm EOIR with applications for judicial positions and “bore out” the rotten foundations of this system from the inside with the tools of due process, fundamental fairness, and best practices! Also, inundate your Congressional representatives with demands that this blot on American justice be removed from the DOJ forthwith! Write those op-eds and keep informing your local media about the unmitigated, unnecessary, unconscionable, unconstitutional continuing disaster at Garland’s EOIR and how it destroys human lives on a daily basis! Shine the beacon of due process and justice on the dark, secretive, unconstitutional “Star Chambers” Garland operates in the guise of Immigration “Courts.”

Star Chamber Justice
Progressives must put an end to Garland’s Star Chamber Style “Justice” @ Justice. Demand REAL courts with independent, progressive, expert judges who have actually represented human beings in Immigration Court! No more “plants,” “insiders,” and “go along to get along” appointments to America’s key human rights and racial justice judiciary. No more bureaucratic incompetence, assembly line justice, anti-immigrant misogynist culture, and “deportation adjudication centers” masquerading as “courts!” Open up this secretive, closed, unjust bureaucracy to the light of justice and the NDPA! Due Process Forever!

NDPA legions, don’t be content to “wander in the wilderness” while clueless politicos and bureaucrats @ Garland’s DOJ destroy your sanity and the lives of the humans you represent! Stand up to institutionalized racism, continuing incompetence, disgraceful misogyny, intransigence, and ongoing “Dred Scottification” of communities of color by the Garland DOJ! End the DOJ’s anti-immigrant culture and disrespect for the defenders of due process and American democracy that goes on Administration after Administration as if your clients’ lives and your professional expertise were “chopped liver!” Enough is enough! Fight back against “Miller Lite Justice!”

My fellow warriors for justice, YOU are again being ignored, shut out, marginalized, abused, looked down upon, dehumanized, insulted, and scorned by yet another Dem Administration that YOU helped put in office! Time to stand up and be heard for YOUR rights, the rights of the people YOU represent, and the future of our Federal Judiciary and our American Democracy!

NO MORE “MILLER LITE @ JUSTICE!” ASK YOURSELVES: WHO WON THE LAST ELECTION? WHAT DOES IT MEAN TO “WIN” IF GARLAND CONTINUES TO RUN THE IMMIGRATION COURTS LIKE STEPHEN MILLER IS STILL IN CHARGE?

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever!

PWS

05-06-21

CHARLES M. BLOW @ NYT BEGS TO DIFFER WITH GOP SENs SCOTT & GRAHAM: “However, it is important to remember that nearly half the country just voted for a full-on racist in Donald Trump, and they did so by either denying his racism, becoming apologists for it, or applauding it. What do you call a country thus composed?”

 

Charles M. Blow
Charles M. Blow
Columnist
NY Times

 

https://www.nytimes.com/2021/05/02/opinion/america-racism.html?referringSource=articleShare

. . . .

I personally don’t make much of Scott’s ability to reason. This is the same man who said in March that “woke supremacy,” whatever that is, “is as bad as white supremacy.” There is no world in which recent efforts at enlightenment can be equated to enslavement, lynching and mass incarceration. None.

Colfax

It seems to me that the disingenuousness on the question of racism is largely a question of language. The question turns on another question: “What, to you, is America?” Is America the people who now inhabit the land, divorced from its systems and its history? Or, is the meaning of America inclusive of those systems and history?

When people say that America is a racist country, they don’t necessarily mean that all or even most Americans are consciously racist. However, it is important to remember that nearly half the country just voted for a full-on racist in Donald Trump, and they did so by either denying his racism, becoming apologists for it, or applauding it. What do you call a country thus composed?

Historically, however, there is no question that the country was founded by racists and white supremacists, and that much of the early wealth of this country was built on the backs of enslaved Africans, and much of the early expansion came at the expense of the massacre of the land’s Indigenous people and broken treaties with them.

Colfax Massacre
Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873

Eight of the first 10 presidents personally enslaved Africans. In 1856, the chief justice of the United States wrote in the infamous ruling on the Dred Scott case that Black people “had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect.”

The country went on to fight a Civil War over whether some states could maintain slavery as they wished. Even some of the people arguing for, and fighting for, an end to slavery had expressed their white supremacist beliefs.

Abraham Lincoln said during his famous debates against Stephen A. Douglas in 1858 that among white people and Black ones “there must be the position of superior and inferior, and I, as much as any other man, am in favor of the superior position being assigned to the white man.”

Some will concede the historical point and insist on the progress point, arguing that was then and this is now, that racism simply doesn’t exist now as it did then. I would agree. American racism has evolved and become less blunt, but it has not become less effective. The knife has simply been sharpened. Now systems do the work that once required the overt actions of masses of individual racists.

. . . .

As Mark Twain once put it: “The difference between the almost right word and the right word is really a large matter. ’Tis the difference between the lightning bug and the lightning.”

Being imprecise or undecided with our language on this subject contributes to the murkiness — and to the myth that the question of whether America is racist is difficult to answer and therefore the subject of genuine debate among honest intellectuals.

Saying that America is racist is not a radical statement. If that requires a longer explanation or definition, so be it. The fact, in the end, is not altered.

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

Read Blow’s full article at the link.

Four things that are clear to me:

  • The “history” that most of us in my generation learned in high school was “whitewashed;”
  • The monumental achievements of non-white Americans, women, and children which allowed this country to exist, prosper, and flourish have consistently been ignored or downplayed;
  • America still has race issues;
  • The GOP, in particular, has failed to come to grips with the issue of race in 21st century America (apologists Scott & Graham notwithstanding).

🇺🇸⚖️🗽Due Process For All Persons Under Law, Forever!

PWS

05-03-21

🏴‍☠️☠️HOW RACIST DISTORTIONS & ABROGATIONS OF EQUAL PROTECTION & DUE PROCESS IN IMMIGRATION LAW FEED & REINFORCE INSTITUTIONALIZED RACISM IN AMERICAN LAW GENERALLY! — New Scholarship By Carrie Rosenbaum Highlights An Old Problem That Is Destroying American Law & Ripping Apart Our Society!🤮👎🏽

James “Jim” Crow

“Jim Crow” is still alive and well @ EOIR. To date, Judge Garland & his team seem to think that the rest of us won’t notice what’s happening in “his” Immigration Courts and how it undermines every aspect of his claim to be restoring faith in the DOJ and the American justice system. A progressively-oriented, independent, expert Immigration Judiciary is a prerequisite for finally achieving racial justice in 21st Century America. So far, Judge Garland has NOT enunciated any plan to “get there,” nor has he even publicly acknowledged the many disgraceful problems plaguing EOIR!

https://lawprofessors.typepad.com/immigration/2021/04/immigration-article-of-the-day-unequal-immigration-protection-by-carrie-rosenbaum.html

From ImmigrationProf Blog:

(Un)Equal Immigration Protection  by Carrie Rosenbaum, 50 Sw. L. Rev. 232 (2021)

ABSTRACT

This article will contribute to immigration equal protection jurisprudential discussions by highlighting the way in which the plenary power in immigration equal protection cases creates a barrier parallel to the intent doctrine—both prohibit curtailment of government action resulting in racialized harm. The scant recognition of the double duty done by plenary power and the intent doctrine reflects the banality of what may appear as a mere redundancy at first glance. However, the insidiousness of the double-barrier all but ensures that equal protection challenges to facially race-neutral immigration laws with disparate impact will fail. Plenary power is effectively duplicative of the intent doctrine because the intent doctrine already results in great deference to lawmakers.

. . . .

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

Read the full abstract at the link.

Unquestionably, immigration jurisprudence has intentionally misread the due process and equal protection clauses to achieve racist immigration policies. Getting rid of these perversions — analogous to the legal and judicial gobbledegook used by White men to make the 14th and 15th Amendments (and to a large extent, the 13th Amendment) “dead letters” for African Americans following Reconstruction — isn’t a matter of complicated legal thinking. It’s a matter of better Federal Judges and better legislators. And, the mess @EOIR — our Immigration “Courts” — is the best and most logical place to begin the long overdue task of instituting constitutional compliance and equal justice for all.

To date, Judge Garland’s failure to demonstrate a commitment to eliminating unconstitutional racism and misogyny (not to mention poor quality decision-making which also disproportionately affects individuals and communities of color) in his Immigration “Courts” threatens to destroy our legal system and “kneecap” American democracy. 

We are in the perilous position we are today because past Administrations, to the extent they have even tried to address systemic racism (obviously, the Trump Administration sought the exact opposite —  to deepen, protect, and promote racism and hate), have intentionally or negligently ignored the clear link between immigration law and racism in the rest of our legal system.

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever!

PWS

04-26-21

🤮☠️⚰️👎🏻HISTORY OF HATE: Misogyny, Vilification, Racist Hate Directed At Asian Women Has Deep Roots in U.S. Law!  — Jessica Pearce Rotondi in History!

 

Anti-Chinese Poster
Anti-Chinese Poster
Public Realm
Skeleton in the Closet
Skeleton in the Closet
Public Realm
Jessica Pearce Rotondi
Jessica Pearce Rotondi
American Freelance Writer & Editor
PHOTO: Facebook

 

Before the Chinese Exclusion Act, This Anti-Immigrant Law Targeted Asian Women
The 1875 Page Act was one of the earliest pieces of federal legislation to restrict immigration to the United States.
Jessica Pearce Rotondi Mar 19, 2021
The Chinese Exclusion Act of 1882 is often seen as the first major law to restrict immigration in the United States. But there is an earlier law that was used to effectively prevent Chinese women from immigrating to the United States: The Page Act of 1875.
Chinese Immigration in America
The first Chinese immigrants began arriving in the United States in the 1850s. Many were fleeing the economic consequences of The Opium Wars (1839-42, 1856-60), when the British fought to keep opium trafficking routes open in defiance of China’s efforts to stop the illegal trade. An ensuing series of floods and droughts drove members of the lower classes to leave their farms and seek new work opportunities abroad.
When gold was discovered in California in 1848, more and more Chinese immigrants traveled to the West Coast to join the Gold Rush. Some worked on American farms or in San Francisco’s growing textile industry. Others were employed as laborers with the Central Pacific and Transcontinental railroads—railroads which would speed up Westward expansion and facilitate
https://www.history.com/news/chinese-immigration-page-act-women?c…21-0329-03292021&om_rid=&~campaign=hist-inside-history-2021-0329 Page 1 of 7

Before the Chinese Exclusion Act, This Anti-Immigrant Law Targeted Asian Women – HISTORY 3/29/21, 11:35 PM
the movement of troops during the Civil War.
Despite their pivotal role in building the infrastructure of the United States, racism directed at Chinese immigrants was a constant from the moment they arrived on American shores.

. . . .

Both European and Asian immigrants came to the United States seeking to improve their economic well being, explains Dr. Melissa May Borja, assistant professor in the Department of American Culture at the University of Michigan. But Chinese immigrants were regarded as a bigger threat.
“They were seen as a racial threat to a pure white America. They were seen as an economic threat to free white labor. They were depicted as a disease threat—a lot of anti-Chinese rhetoric hinged on portraying Chinese people as filthy and disease-ridden. They were also seen as a religious and moral threat as heathens who threatened a Christian America.”

. . . .

Chinese women were perceived as a particular type of threat: A sexual one. “They were stereotyped as promiscuous, as prostitutes,” says Borja.
While there were Chinese women working in the sex industry in the mid-19th century, they were singled out from their white peers: “Chinese women were specifically accused of spreading sexually transmitted diseases. They were scapegoated. That sexualized stereotype stuck,” says Dr. Kevin Nadal, professor at the City University of New York and vice president of the Filipino American National Historical Society.
Did you know? The earliest known Chinese woman to immigrate to America, Afong Moy, arrived in New York from Guangzhou in 1834. She had bound feet and was exhibited as a curiosity across the United States, first by traders Nathaniel and Frederick Carne and later by American promoter and circus founder P. T. Barnum.

. . . .

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

Read the full article at the link.

The ugly history of abuse, vilification, sexualization, and racism directed at Asian American women has deep roots. It’s the history of the “real America” —  essentially a “white’s only” sociopolitical structure engrafted on a national economy and culture built on the backs of black, Asian, Hispanic, and immigrant labor. The history that today’s GOP both doesn’t want you to learn while they generate hate directed at people of color and strive to repeat the mistakes and “reprise” the false racist narratives of the past.

PWS

03-31-21

🇺🇸🗽⚖️MORE GOOD NEWS FOR AMERICA AS TRUMP KAKISTOCRACY☠️🦹🏿‍♂️⚰️ FINALLY COMES TO AN END: Biden Will Move Immediately For Sane, Humane, Practical Immigration Policies — Wants To Put Trump’s Cruel, Racist, Stupid Abuses Of Humanity, Common Sense, Rule Of Law, & America’s Immigrant Heritage In The Rear-View Mirror! — Promises Reversal Of DHS’s Role As White Nationalist “Political Police Force”🏴‍☠️☠️ That Beat Up On the Most Vulnerable While Ignoring Real Security Threat Posed By Trump-Inspired Righty Domestic Terrorists!

https://www.washingtonpost.com/politics/biden-immigration-plan/2021/01/18/f0526824-59a8-11eb-a976-bad6431e03e2_story.html

Seung Min Kim reports for WashPost:

President-elect Joe Biden will roll out a sweeping overhaul of nation’s immigration laws the day he is inaugurated, including an eight-year pathway to citizenship for immigrants without legal status and an expansion of refugee admissions, along with an enforcement plan that deploys technology to patrol the border.

Biden’s legislative proposal, which will be sent to Congress on Wednesday, also includes a heavy focus on addressing the root causes of migration from Central America, a key part of Biden’s foreign policy portfolio when he served as vice president.

The centerpiece of the plan from Biden and Vice President-elect Kamala D. Harris is the eight-year pathway, which would put millions of qualifying immigrants in a temporary status for five years and then grant them a green card once they meet certain requirements such as a background check and payment of taxes. They would be able to apply for citizenship three years later.

. . . .

The focus on Central America reflects the message that Biden has relayed to senior officials in the region: that he will advocate for policy changes aimed at what drives scores of migrants there to come to the United States illegally to seek safe harbor.

“Ultimately, you cannot solve problems of migration unless you attack the root causes of what causes that migration,” one official said, pointing to the various reasons — from economic to safety — that drive migrants to flee their home countries. “He knows that in particular is the case in Central America.”

Transition officials are aware of recent reports of the increased numbers of migrants at or heading to the border in anticipation of the end of Trump’s presidency, and urged them to stay in their home countries. They emphasized that newly arriving immigrants would not qualify for the legalization program that Biden proposes.

Biden wants to move the refugee and asylum systems “back to a more humane and orderly process,” the official said. But “it’s also been made clear that that isn’t a switch you flip overnight from the 19th to the 20th, especially when you’re working with agencies and processes that have been so gutted by the previous administration.”

Biden hopes to reinstate a program granting minors from Central America temporary legal residence in the United States. The Trump administration terminated the program in August 2017, officials said. The administration also wants to set up a reunification program for Central American relatives of U.S. citizens that would allow those who have been already approved for U.S. residency to be admitted into the country, rather than waiting at home for an opening. The program would be similar to ones that existed for Cubans and Haitians but also were ended by the Trump administration.

The Biden proposal also would put in place a refugee admissions program at multiple processing centers abroad that would better help identify and screen those who would qualify to be admitted as refugees into the United States.

As for border enforcement, the plan calls on the Department of Homeland Security to develop a proposal that uses technology and other similar infrastructure to implement new security measures along the border, both at and between ports of entry. Biden has long vowed not to expand the border wall Trump has marginally extended.

“This is not a wall; this is not taking money from [the Department of Defense],” a transition official said, referring to how Trump helped to finance his wall after pledging Mexico would pay for it. “It’s a very different approach.”

. . . .

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

Read the complete article at the link.

This is a welcome change from the poorly conceived, often ill-informed approach to immigration by the Obama Administration. It appears that Biden and Harris have actually “listened to the experts” and acted a accordingly.

The concentration on addressing the reality of Central American migration and dealing honestly and constructively with its root causes in a sensible and humane way is also refreshing. Using intelligence and technology to address real border security issues (as opposed to squandering resources on politically manufactured ones) also shows promise.

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC Correspondent
Justice & DHS
Outside Justice Dep’t
Photo: Victoria Pickering https://www.flickr.com/photos/vpickering/

NBC star reporter Julia Edwards Ainsley just broke a story on how under the Trump regime, DHS wasted lots of time and money “beating up on” and denying the legal rights of migrants and asylum seekers and ripping apart families while ignoring or mishandling the real threats to our national security presented by right wing domestic terrorists. https://www.nbcnews.com/politics/national-security/capitol-riot-exposed-flaws-trump-s-dhs-focused-immigration-not-n1254464

Many of the latter were  energized by the Trump/DHS program of White Nationalist racist fear-mongering and intentionally false anti-immigrant, anti-due-process narratives. That’s what “applied malicious incompetence” looks like — DHS and EOIR are two of the most egregious examples in a regime that raised it to an “art form.” It will take an aggressive and far-reaching “house cleaning” to get these agencies that have abandoned the common good and now operate “on the dark side” back on track.

The immediate “knee-jerk opposition” to rational, practical, fact-based immigration reform by notorious White Nationalist racist Sen. Tom Cotton (R-ARK) shows that Team Biden is on the right track to disavow the toxic institutionalized racism and biased policies of the Trump regime and move America along the path to racial justice and realistic, progressive immigration policies that will further the national interest and lead to a better future for all!

It’s a great, if long overdue, start to getting beyond Jim Crow and “Dred Scottification” and saving and enhancing our democracy! But, the proof will be in the results!

Biden, of course, will also face the formidable challenges of dealing with the human carnage left behind by the Trump regime’s disastrous mis-handling of COVID-19, economic inequality, the environment, racial justice, and foreign policy where American “prestige” has plummeted to levels not seen since the days of the Barbary Pirates.

He also must address a failing Federal Justice System that, particularly at its appellate levels, did not effectively stand up to the Trump regime’s  unrelenting assault on human decency and American democracy. Indeed, Justice Sonia Sotomayor, a consistently competent and courageous Justice among our failing Supremes, offered this final harsh but true assessment of her GOP colleagues’ malfeasance in a death penalty case: “This is not justice.”https://www.nbcnews.com/news/latino/not-justice-justice-sonia-sotomayor-offers-fierce-dissent-death-penalty-n1254554

You could say that about almost everything in the departing, defeated White Nationalist regime!

I’ll note for the record that among other things, the Supremes’ tone-deaf majority has been responsible for letting bona fide asylum seekers rot in squalor in camps in Mexico while waiting for non-existent “due process,” and also authorized the imposition of potential death sentences and torture on asylum seekers within our jurisdiction without any whit of due process.

The GOP majority’s disgraceful failure to stand up for voting rights of African Americans, Latinos, and other voters of color has also deepened racial injustice in America and helped usher in a horrible “Jim Crow Revival” pushed, incited, and enabled by the GOP, “The Party of the Failed Insurrection.”

Any competent first-year law student might ask “How could this happen in America?” That’s a question that Roberts and his gang of fellow Trump enablers and apologists will have to answer before the “court of history!”

🇺🇸🗽⚖️👍🏼Due Process Forever!

PWS

01-19-21